THE    UNIT    BOOKS 

No.  8 


NATIONAL     DOCUMENTS 


PUBLISHER'S  NOTE 

The  texts  of  the  notable  state 
papers  here  given  are  derived 
from  the  most  trustworthy  sources 


A-  L  .  ,e 

\i 

NATIONAL    DOCUMENTS 

STATE    PAPERS    SO   ARRANGED    AS    TO 

ILLUSTRATE     THE     GROWTH     OF 

OUR     COUNTRY     FROM     1606 

TO   THE   PRESENT   DAY 


NEW   YORK 

UNIT   BOOK   PUBLISHING   CO. 
1906 


COPYRIGHT    1904 
BY   HOWARD   WILFORD   BELL 


THE   TROW    PRESS   NEW   YORK 


CONTENTS 

First  Charter  of  Virginia     1606  5 

The  Mayflower  Compact     1620  18 

Articles  of  Confederation  of  the  New  England  Col 
onies  1643  19 

A  Typical  Early  Indian  Treaty     1645  28 

Declaration  of  Rights      1765  34 

Declaration  and  Resolves  of  the  First  Continental 
Congress  1774  37 

Declaration  of  the  Causes  and  Necessity  of  Taking  up 
Arms  1775  43 

The  Declaration  of  Independence     1776  52 

Articles  of  Confederation     1777 

Treaty  with  France     1778 

Treaty  with  Great  Britain     1783  77 

The  Northwest  Territorial  Government     1787  85 

Constitution  of  the  United  States     1787  95 

Washington's  First  Inaugural  Address      1789  I18 

Washington's  Second  Inaugural  Address     1793 

Proclamation  of  Neutrality     1793 

Treaty  with  the  Six  Nations     1794 

Treaty  with  Great  Britain     1794 

Washington's  Farewell  Address     1796 

Treaty  with  France     1803 

Treaty  with  Great  Britain     1814 

Treaty  with  Spain     1819 

Missouri  Compromise     1820-21 

The  Monroe  Doctrine     1823 

Treaty  with  Great  Britain      1842 

Treaty  with  Great  Britain     1846 

Treaty  with  Mexico     1848 

2G0335 


CONTENTS 

Treaty  with  Great  Britain     1850  251 

Compromise  of  1850  258 

Treaty  with  Mexico     1853  273 

Kansas-Nebraska  Act     1854  280 

Lincoln's  First  Inaugural  Address     1861  283 
Constitution   of   the    Confederate    States    of   America 

1861  295 

Emancipation  Proclamation     1863  317 

Lincoln's  Gettysburg  Address     1863  320 

Proclamation  of  Amnesty     1863  321 

Lincoln's  Second  Inaugural  Address      1865  325 
Proclamation   Declaring  the   Insurrection   at   an   End 

1866  328 

Treaty  with  Russia     1867  335 

Treaty  with  Great  Britain      1871  341 

Annexation  of  the  Hawaiian  Islands     1898  369 

Recognition  of  the  Independence  of  Cuba     1898  372 

Treaty  with  Spain     1898  374 
Reciprocal  Commercial  Convention  between  the  United 

States  and  Cuba     1902  383 
Supplementary  Convention  between  the  United  States 

and  Cuba     1903  390 
Convention  between  the  United  States  and  the  Repub 
lic  of  Panama     1904  393 
Notes  on  the  Text  409 
Index  482 


NATIONAL    DOCUMENTS 

First  Charter  of  Virginia    1606 

I.  JAMES,  by  the   Grace  of  God,   King  of  England, 
Scotland,  France  and  Ireland,  Defender  of  the  Faith,  &c. 
WHEREAS     our     loving     and    well-disposed     Subjects,    Sir 
Thomas  Gates,  and  Sir  George  Somers,  Knights,  Richard 
Hackluit,  Prebendary  of  Westminster,  and  Edward-Maria 
Wingfield,   Thomas  Hanham,  and  Ralegh   Gilbert,  Esqrs. 
William    Parker,   and    George    Popham,   Gentlemen,   and 
divers   others   of   our  loving  Subjects,   have  been  humble 
Suitors  unto  us,  that  We  would  vouchsafe  unto  them  our 
Licence,  to  make  Habitation,  Plantation,  and  to  deduce  a 
Colony  of  sundry  of  our  People  into  that  Part  of  America, 
commonly  called  VIRGINIA,  and  other  Parts  and  Territories 
in  America,  either  appertaining  unto  us,  or  which  are  not 
now  actually  possessed  by  any  Christian  Prince  or  People, 
situate,  lying,  and  being  all  along  the  Sea  Coasts,  between 
four  and  thirty  Degrees  of  Northerly  Latitude  from  the 
Equinoctial  Line,  and  five  and  forty  Degrees  of  the  same 
Latitude,  and  in  the  main  Land  between  the  same  four  and 
thirty  and  five  and  forty  Degrees,  and  the  Islands  there 
unto  adjacent,  or  within  one  hundred  Miles  of  the  Coasts 
thereof; 

II.  And  to  that  End,  and  for  the  more  speedy  Accom 
plishment  of  their  said  intended  Plantation  and  Habitation 
there,  are  desirous  to  divide  themselves   into  two  several 
Colonies    and   Companies;   The   one  consisting   of   certain 
Knights,  Gentlemen,  Merchants,  and  other  Adventurers,  of 
our  City  of  London  and  elsewhere,  which  are,  and  from 
time  to  time  shall  be,  joined  unto  them,  which  do  desire  to 

5 


NATIONAL     DOCUMENTS 

begin  their  Plantation  and  Habitation  in  some  fit  and  con 
venient  Place,  between  four  and  thirty  and  one  and  forty 
Degrees  of  the  said  Latitude,  along  the  Coasts  of  Virginia 
and  Coasts  of  America  aforesaid;  And  the  other  consisting 
of  sundry  Knights,  Gentlemen,  Merchants,  and  other  Ad 
venturers,  of  our  Cities  of  Bristol  and  Exeter,  and  of  our 
Town  of  Plimouth,  and  of  other  Places,  which  do  join  them 
selves  unto  that  Colony,  which  do  desire  to  begin  their 
Plantation  and  Habitation  in  some  fit  and  convenient  Place, 
between  eight  and  thirty  Degrees  and  five  and  forty  De 
grees  of  the  said  Latitude,  all  alongst  the  said  Coast  of 
Virginia  and  America,  as  that  Coast  lyeth: 

III.  We,  greatly  commending,  and  graciously  accepting 
of,  their  Desires  for  the  Furtherance  of  so  noble  a  Work, 
which  may,  by  the  Providence  of  Almighty  God,  hereafter 
tend  to  the  Glory  of  his  Divine  Majesty,  in  propagating  of 
Christian  Religion  to  such  People,  as  yet  live  in  Darkness 
and  miserable  Ignorance  of  the  true  Knowledge  and  Wor 
ship  of  God,  and  may  in  time  bring  the  Infidels  and  Sav 
ages,  living  in  those  Parts,  to  human  Civility,  and  to  a 
settled  and  quiet  Government;  DO,  by  these  our  Letters 
Patents,  graciously  accept  of,  and  agree  to,  their  humble 
and  well-intended  Desires ; 

IV.  And  do  therefore,  for  Us,  our  Heirs,  and  Successors, 
GRANT  and  agree,  that  the  said  Sir  Thomas  Gates,  Sir 
George    Somers,    Richard    Hackluit,    and    Edward-Maria 
Wingfield,  Adventurers  of  and  for  our  City  of  London,  and 
all  such  others,  as  are,  or  shall  be,  j  oined  unto  them  of  that 
Colony,  shall  be  called  the  first  Colony;  And  they  shall 
and  may  begin  their  said  first  Plantation  and  Habitation,  at 
any   Place  upon  the   said  Coast  of   Virginia  or  America, 
where  they  shall  think  fit  and  convenient,  between  the  said 
four  and  thirty   and  one  and  forty  Degrees  of  the   said 
Latitude;  And  that  they  shall  have  all  the  Lands,  Woods, 

6 


NATIONAL     DOCUMENTS 

Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals, 
Marshes,  Waters,  Fishings,  Commodities,  and  Heredita 
ments,  whatsoever,  from  the  said  first  Seat  of  their  Planta 
tion  and  Habitation  by  the  Space  of  fifty  Miles  of  English 
Statute  Measure,  all  along  the  said  Coast  of  Virginia  and 
America,  towards  the  West  and  Southwest,  as  the  Coast 
lyeth,  with  all  the  Islands  within  one  hundred  Miles  directly 
over  against  the  same  Sea  Coast;  And  also  all  the  Lands, 
Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals, 
Woods,  Waters,  Marshes,  Fishings,  Commodities,  and 
Hereditaments,  whatsoever,  from  the  said  Place  of  their 
first  Plantation  and  Habitation  for  the  space  of  fifty  like 
English  Miles,  all  alongst  the  said  Coast  of  Virginia  and 
America,  towards  the  East  and  Northeast,  or  towards  the 
North,  as  the  Coast  lyeth,  together  with  all  the  Islands 
within  one  hundred  Miles,  directly  over  against  the  said 
Sea  Coast;  And  also  all  the  Lands,  Woods,  Soil,  Grounds, 
Havens,  Ports,  Rivers,  Mines,  Minerals,  Marshes,  Waters, 
Fishings,  Commodities,  and  Hereditaments,  whatsoever, 
from  the  same  fifty  Miles  every  way  on  the  Sea  Coast, 
directly  into  the  main  Land  by  the  Space  of  one  hundred 
like  English  Miles;  And  shall  and  may  inhabit  and  remain 
there;  and  shall  and  may  also  build  and  fortify  within  any 
the  same,  for  their  better  Safeguard  and  Defence,  according 
to  their  best  Discretion,  and  the  Discretion  of  the  Council 
of  that  Colony;  And  that  no  other  of  our  Subjects  shall  be 
permitted,  or  suifered,  to  plant  or  inhabit  behind,  or  on  the 
Backside  of  them,  towards  the  main  Land,  without  the 
Express  Licence  or  Consent  of  the  Council  of  that  Colony, 
thereunto  in  Writing  first  had  and  obtained. 

V.  And  we  do  likewise,  for  Us,  our  Heirs,  and  Succes 
sors,  by  these  Presents,  GRANT  and  agree,  that  the  said 
Thomas  Hanham,  and  Ralegh  Gilbert,  William  Parker, 
and  George  Popham,  and  all  others  of  the  Town  of  Pli- 

7 


NATIONAL     DOCUMENTS 

mouth  in  the  County  of  Devon,  or  elsewhere,  which  are,  or 
shall  be,,  joined  unto  them  of  that  Colony,  shall  be  called 
the  second  Colony;  And  that  they  shall  and  may  begin  their 
said  Plantation  and  Seat  of  their  first  Abode  and  Habita 
tion,  at  any  Place  upon  the  said  Coast  of  Virginia  and 
America,  where  they  shall  think  fit  and  convenient,  between 
eight  and  thirty  Degrees  of  the  said  Latitude,  and  five  and 
forty  Degrees  of  the  same  Latitude;  And  that  they  shall 
have  all  the  Lands,  Soils,  Grounds,  Havens,  Ports,  Rivers, 
Mines,  Minerals,  Woods,  Marshes,  Waters,  Fishings,  Com 
modities,  and  Hereditaments,  whatsoever,  from  the  first 
Seat  of  their  Plantation  and  Habitation  by  the  Space  of 
fifty  like  English  Miles,  as  is  aforesaid,  all  alongst  the  said 
Coast  of  Virginia  and  America,  towards  the  West  and 
Southwest,  or  towards  the  South,  as  the  Coast  lyeth,  and 
all  the  Islands  within  one  hundred  Miles,  directly  over 
against  the  said  Sea  Coast;  And  also  all  the  Lands,  Soils, 
Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Woods, 
Marshes,  Waters,  Fishings,  Commodities,  and  Heredita 
ments,  whatsoever,  from  the  said  Place  of  their  first  Planta 
tion  and  Habitation  for  the  Space  of  fifty  like  Miles,  all 
alongst  the  said  Coast  of  Virginia  and  America,  towards 
the  East  and  Northeast,  or  towards  the  North,  as  the  Coast 
lyeth,  and  all  the  Islands  also  within  one  hundred  Miles 
directly  over  against  the  same  Sea  Coast;  And  also  all  the 
Lands,  Soils,  Grounds,  Havens,  Ports,  Rivers,  Woods, 
Mines,  Minerals,  Marshes,  Waters,  Fishings,  Commodities, 
and  Hereditaments,  whatsoever,  from  the  same  fifty  Miles 
every  way  on  the  Sea  Coast,  directly  into  the  main  Land, 
by  the  Space  of  one  hundred  like  English  Miles ;  And  shall 
and  may  inhabit  and  remain  there;  and  shall  and  may  also 
build  and  fortify  within  any  the  same  for  their  better  Safe 
guard,  according  to  their  best  Discretion,  and  the  Discre 
tion  of  the  Council  of  that  Colony;  And  that  none  of  our 

8 


NATIONAL     DOCUMENTS 

Subjects  shall  be  permitted,  or  suffered,  to  plant  or  inhabit 
behind,  or  on  the  back  of  them,  towards  the  main  Land, 
without  the  express  Licence  of  the  Council  of  that  Colony, 
in  Writing  thereunto  first  had  and  obtained. 

VI.  Provided  always,  and  our  Will  and  Pleasure  herein 
is,  that  the  Plantation  and  Habitation  of  such  of  the  said 
Colonies,  as  shall  last  plant  themselves,  as  aforesaid,  shall 
not  be  made  within  one  hundred  like  English  Miles  of  the 
other  of  them,  that  first  began  to  make  their  Plantation,  as 
aforesaid. 

VII.  And  we  do  also  ordain,  establish,  and  agree,  for  Us, 
our  Heirs,  and  Successors,  that  each  of  the  said  Colonies 
shall  have    a   Council,    which   shall   govern   and   order   all 
Matters  and  Causes,  which  shall  arise,  grow,  or  happen,  to 
or  within  the  same  several  Colonies,  according  to  such  Laws, 
Ordinances,  and  Instructions,  as  shall  be,  in  that  behalf, 
given  and  signed  with  Our  Hand  or  Sign  Manual,  and  pass 
under  the  Privy  Seal  of  our  Realm  of  England;  Each  of 
which    Councils    shall   consist   of   thirteen    Persons,  to   be 
ordained,  made,  and  removed,  from  time  to  time,  according 
as   shall  be  directed,  and  comprised  in  the  same  instruc 
tions;  And  shall  have  a  several  Seal,  for  all  Matters  that 
shall  pass  or  concern  the  same  several  Councils;  Each  of 
which  Seals  shall  have  the  King's  Arms  engraven  on  the 
one  Side  thereof,  and  his  Portraiture  on  the  other ;  And  that 
the  Seal  for  the  Council  of  the  said  first  Colony  shall  have 
engraven  round  about,  on  the  one  Side,  these  Words ;  Sigil- 
lum  Regis  Magnce  Britannia,  Francice,  fy  Hibernice;  on  the 
other    Side    this    Inscription,  round    about;    Pro    Concilia 
primes  Colonies  Virginia.    And  the  Seal  for  the  Council  of 
the   said  second   Colony  shall   also  have   engraven,  round 
about  the  one  Side  thereof,  the  aforesaid  Words;  Sigillum 
Regis  Magnce,  Britannia,  Francice,  $  Hibernice;  and  on  the 
other  Side;  Pro  Concilio  secundce  Colonice   Virginias: 

9 


NATIONAL     DOCUMENTS 

VIII.  And  that  also  there  shall  be  a  Council  established 
here  in  England,  which  shall,  in  like  Manner,  consist  of 
thirteen  Persons,  to  be,  for  that  Purpose,  appointed  by  Us, 
our  Heirs  and  Successors,  which  shall  be  called  our  Council 
of  Virginia;  And  shall,  from  time  to  time,  have  the  superior 
Managing  and  Direction,  only  of  and  for  all  Matters,  that 
shall  or  may  concern  the  Government,  as  well  of  the  said 
several  Colonies,  as  of  and  for  any  other  Part  or  Place, 
within  the  aforesaid  Precincts  of  four  and  thirty  and  five 
and  forty  Degrees,  abovementioned ;  Which  Council  shall, 
in  like  manner,  have  a   Seal,  for  Matters  concerning  the 
Council  or  Colonies,  with  the  like  Arms  and  Portraiture, 
as   aforesaid,  with  this  Inscription,  engraven  round  about 
on  the  one  Side;  Sigillum  Regis  Magnce  Britannice,  Franciaz, 
fy  Hibernice;  and  round  about  the  other  Side,  Pro  Concilio 
suo  Virginia. 

IX.  And  moreover,  we  do  GRANT  and  agree,  for  Us,  our 
Heirs   and   Successors,  that  the   said  several   Councils,  of 
and  for  the  said  several  Colonies,  shall  and  lawfully  may, 
by  Virtue  hereof,  from  time  to  time,  without  any  Interrup 
tion  of  Us,  our  Heirs  or  Successors,  give  and  take  Order, 
to  dig,  mine,  and  search  for  all  Manner  of  Mines  of  Gold, 
Silver,  and  Copper,  as  well  within  any  part  of  their  said 
several  Colonies,  as  for  the  said  main  Lands  on  the  Back 
side   of  the  same  Colonies;  And  to  HAVE  and  enjoy  the 
Gold,  Silver,  and  Copper,  to  be  gotten  thereof,  to  the  Use 
and  Behoof  of  the  same  Colonies,  and  the  Plantations  there 
of ;  YIELDING  therefore,  to  Us?  our  Heirs  and  Successors, 
the  fifth  Part  only  of  all  the  same  Gold  and  Silver,  and  the 
fifteenth  Part  of  all  the  same  Copper,  so  to  be  gotten  or 
had,  as  is  aforesaid,  without  any  other  Manner  or  Profit  or 
Account,  to  be  given  or  yielded  to  Us,  our  Heirs,  or  Suc 
cessors,  for  or  in  Respect  of  the  same : 

X.  And  that  they  shall,  or  lawfully  may,  establish  and 

10 


NATIONAL     DOCUMENTS 

cause  to  be  made  a  Coin,  to  pass  current  there  between  the 
People  of  those  several  Colonies,  for  the  more  Ease  of 
Traffick  and  Bargaining  between  and  amongst  them  and 
the  Natives  there,  of  such  Metal,  and  in  such  Manner  and 
Form,  as  the  said  several  Councils  there  shall  limit  and 
appoint. 

XI.  And  we  do  likewise,  for  Us,  our  Heirs,  and  Succes 
sors,  by  these  Presents,  give  full  Power  and  Authority  to 
the  said  Sir  Thomas  Gates,  Sir  George  Somers,  Richard 
Hackluit,     Edward-Maria     Wingfield,     Thomas     Hanham, 
Ralegh  Gilbert,  William  Parker,  and  George  Popham,  and 
to  every  of  them,  and  to  the  said  several  Companies,  Planta 
tions,  and  Colonies,  that  they,  and  every  of  them,  shall  and 
may,  at  all  and  every  time  and  times  hereafter,  have,  take, 
and  lead  in  the  said  Voyage,  and  for  and  towards  the  said 
several  Plantations  and  Colonies,  and  to  travel  thitherward, 
and  to  abide  and  inhabit  there,  in  every  the  said  Colonies 
and  Plantations,  such  and  so  many  of  our  Subjects,  as  shall 
willingly  accompany  them,    or   any   of  them,   in  the   said 
Voyages    and    Plantations;    With    sufficient    Shipping   and 
Furniture  of  Armour,  Weapons,  Ordinance,  Powder,  Vic 
tual,  and  all  other  things,  necessary  for  the  said  Planta 
tions,  and    for   their    Use    and    Defence   there:    PROVIDED 
always,  that  none  of  the   said   Persons  be   such,   as  shall 
hereafter    be    specially    restrained   by    Us,   our    Heirs,   or 
Successors. 

XII.  Moreover,  we  do,  by  these  Presents,  for  Us,  our 
Heirs,  and  Successors,  GIVE  AND  GRANT  Licence  unto  the 
said  Sir  Thomas  Gates,  Sir  George  Somers,  Richard  Hack 
luit,  Edward-Maria  Wingfield,   Thomas   Hanham,  Ralegh 
Gilbert,  William  Parker,  and  George  Popham,  and  to  every 
of  the  said  Colonies,  that  they,  and  every  of  them,  shall 
and  may,  from  time  to  time,  and  at  all  times  for  ever  here 
after,  for  their  several  Defences,  encounter,  expulse,  repel, 

11 


NATIONAL     DOCUMENTS 

and  resist,  as  well  by  Sea  as  by  Land,  by  all  Ways  and 
Means  whatsoever,  all  and  every  such  Person  and  Per 
sons,  as  without  the  especial  Licence  of  the  said  several 
Colonies  and  Plantations,  shall  attempt  to  inhabit  within 
the  said  several  Precincts  and  Limits  of  the  said  several 
Colonies  and  Plantations,  or  any  of  them,  or  that  shall 
enterprise  or  attempt,  at  any  time  hereafter,  the  Hurt, 
Detriment,  or  Annoyance,  of  the  said  several  Colonies  or 
Plantations. 

XIII.  Giving  and  granting,  by  these  Presents,  unto 
the  said  Sir  Thomas  Gates,  Sir  George  Somers,  Richard 
Hackluit,  Edward-Maria  Wingfield,  and  their  Associates 
of  the  said  first  Colony,  and  unto  the  said  Thomas  Hanham, 
Ralegh  Gilbert,  William  Parker,  and  George  Popham,  and 
their  Associates  of  the  said  second  Colony,  and  to  every  of 
them,  from  time  to  time,  and  at  all  times  for  ever  hereafter, 
Power  and  Authority  to  take  and  surprise,  by  all  Ways  and 
Means  whatsoever,  all  and  every  Person  and  Persons,  with 
their  Ships,  Vessels,  Goods  and  other  Furniture,  which  shall 
be  found  trafficking,  into  any  Harbour  or  Harbours,  Creek 
or  Creeks,  or  Place,  within  the  Limits  or  Precincts  of  the 
said  several  Colonies  and  Plantations,  not  being  of  the  same 
Colony,  until  such  time,  as  they,  being  of  any  Realms  or 
Dominions  under  our  Obedience,  shall  pay,  or  agree  to  pay, 
to  the  Hands  of  the  Treasurer  of  that  Colony,  within  whose 
Limits  and  Precincts  they  shall  so  traffick,  two  and  a  half 
upon  every  Hundred,  of  any  thing,  so  by  them  trafficked, 
bought,  or  sold;  And  being  Strangers,  and  not  Subjects 
under  our  Obeysance,  until  they  shall  pay  five  upon  every 
Hundred,  of  such  Wares  and  Merchandise,  as  they  shall 
traffick,  buy,  or  sell,  within  the  Precincts  of  the  said  several 
Colonies,  wherein  they  shall  so  traffick,  buy,  or  sell,  as  afore 
said,  WHICH  Sums  of  Money,  or  Benefit,  as  aforesaid,  for 
and  during  the  Space  of  one  and  twenty  Years,  next  ensu- 

12 


NATIONAL     DOCUMENTS 

ing  the  Date  hereof,,  shall  be  wholly  emploied  to  the  Use, 
Benefit,  and  Behoof  of  the  said  several  Plantations,  where 
such  Traffick  shall  be  made;  And  after  the  said  one  and 
twenty  Years  ended,  the  same  shall  be  taken  to  the  Use  of 
Us,  our  Heirs,  and  Successors,  by  such  Officers  and  Minis 
ters,  as  by  Us,  our  Heirs,  and  Successors,  shall  be  thereunto 
assigned  or  appointed. 

XIV.  And  we  do  further,  by  these  Presents,  for  Us,  our 
Heirs,  and  Successors,  GIVE  AND  GRANT  unto  the  said  Sir 
Thomas  Gates,  Sir  George  Somers,  Richard  HaMuit,  and 
Edward-Maria   Wingfeld,  and  to   their  Associates  of  the 
said  first  Colony  and  Plantation,  and  to  the  said  Thomas 
Hanham,  Ralegh  Gilbert,  William  Parker,  and  George  Pop- 
ham,  and  their  Associates  of  the  said  second  Colony  and 
Plantation,  that  they,  and  every  of  them,  by  their  Deputies, 
Ministers,  and  Factors,  may  transport  the  Goods,  Chattels, 
Armour,  Munition,  and  Furniture,  needful  to   be  used  by 
them,  for  their  said  Apparel,  Food,  Defence,  or  otherwise 
in  Respect  of  the  said  Plantations,  out  of  our  Realms  of 
England  and  Ireland,  and  all  other  our  Dominions,  from 
time  to  time,  for  and  during  the  Time  of  seven  Years,  next 
ensuing  the  Date  hereof,  for  the  better  Relief  of  the  said 
several    Colonies    and    Plantations,  without    any    Custom, 
Subsidy,  or  other  Duty,  unto  Us,  our  Heirs,  or  Successors, 
to  be  yielded  or  paid  for  the  same. 

XV.  Also   we   do,   for   Us,   our   Heirs,   and   Successors, 
DECLARE,  by  these  Presents,  that  all  and  every  the  Persons, 
being  our  Subjects,  which  shall  dwell  and  inhabit  within 
every  or  any  of  the  said  several  Colonies  and  Plantations, 
and  every  of  their  children,  which  shall  happen  to  be  born 
within  any  of  the  Limits  and  Precincts  of  the  said  several 
Colonies  and  Plantations,  shall  HAVE  and  enj  oy  all  Liberties, 
Franchises,    and    Immunities,    within    any    of    our    other 
Dominions,  to  all  Intents  and  Purposes,  as  if  they  had  been 

13 


NATIONAL     DOCUMENTS 

abiding  and  born,  within  this  our  Realm  of  England,  or  any 
other  of  our  said  Dominions. 

XVI.  Moreover,  our  gracious  Will  and  Pleasure  is,  and 
we  do,  by  these  Presents,  for  Us,  our  Heirs,  and  Successors, 
declare  and  set  forth,  that  if  any  Person  or  Persons,  which 
shall  be  of  any  of  the  said  Colonies  and  Plantations,  or  any 
other,  which  shall  traffick  to  the  said  Colonies  and  Planta 
tions,  or  any  of  them,  shall,  at  any  time  or  times  hereafter, 
transport  any  Wares,   Merchandises,  or   Commodities,  out 
of  any  of  our  Dominions,  with  a  Pretence  to  land,  sell,  or 
otherwise  dispose  of  the  same,  within  any  the  Limits  and 
Precincts  of  any  the  said  Colonies  and  Plantations,  and  yet 
nevertheless,  being  at  Sea,  or  after  he  hath  landed  the  same 
within  any  of  the  said  Colonies  and  Plantations,  shall  carry 
the  same  into  any  other  Foreign  Country,  with  a  Purpose 
there  to  sell  or  dispose  of  the  same,  without  the  Licence  of 
Us,  our  Heirs,  and  Successors,  in  that  Behalf  first  had  and 
obtained;  That  then,  all  the  Goods  and  Chattels  of  such 
Person  or  Persons,  so  offending  and  transporting,  together 
with  the  said  Ship  or  Vessel,  wherein  such  Transportation 
was  made,  shall  be  forfeited  to  Us,  our  Heirs,  and  Suc 
cessors. 

XVII.  Provided  always,  and  our  Will  and  Pleasure  is, 
and  we  do  hereby  declare  to  all  Christian  Kings,  Princes, 
and  States,  that  if  any  Person  or  Persons,  which  shall  here 
after  be  of  any  of  the  said  several  Colonies  and  Plantations, 
or  any    other,  by    his,  their  or    any  of   their  Licence  and 
Appointment,  shall,  at  any  time  or  times  hereafter,  rob  or 
spoil,  by  Sea  or  by  Land,  or  do  any  Act  of  unjust  and  un 
lawful  Hostility,  to  any  the  Subjects  of  Us,  our  Heirs,  or 
Successors,  or  any  the  Subj  ects  of  any  King,  Prince,  Ruler, 
Governor,  or   State,  being  then  in  League  or  Amity  with 
Us,  our  Heirs,  or  Successors,  and  that  upon  such  Injury, 
or  upon  just  Complaint  of  such  Prince,  Ruler,  Governor,  or 

14 


NATIONAL     DOCUMENTS 

State,  or  their  Subjects,  We,  our  Heirs,  or  Successors,  shall 
make  open  Proclamation,  within  any  of  the  Ports  of  our 
Realm  of  England,  commodious  for  that  Purpose,  That  the 
said  Person  or  Persons,  having  committed  any  such  Rob 
bery  or  Spoil,  shall,  within  the  Term  to  be  limited  by  such 
Proclamations,  make  full  Restitution  or  Satisfaction  of  all 
such  Injuries  done,  so  as  the  said  Princes,  or  others,  so 
complaining,  may  hold  themselves  fully  satisfied  and  con 
tented;  And  that,  if  the  said  Person  or  Persons,  having 
committed  such  Robbery  or  Spoil,  shall  not  make,  or  cause 
to  be  made,  Satisfaction  accordingly,  within  such  Time  so 
to  be  limited,  That  then  it  shall  be  lawful  to  Us,  our  Heirs, 
and  Successors,  to  put  the  said  Person  or  Persons,  having 
committed  such  Robbery  or  Spoil,  and  their  Procurers, 
Abetters,  or  Comforters,  out  of  our  Allegiance  and  Protec 
tion;  And  that  it  shall  be  lawful  and  free,  for  all  Princes 
and  others,  to  pursue  with  Hostility  the  said  Offenders,  and 
every  of  them,  and  their  and  every  of  their  Procurers, 
Aiders,  Abetters,  and  Comforters,  in  that  Behalf. 

XVIII.  And  finally,  we  do,  for  Us,  our  Heirs,  and  Suc 
cessors,  GRANT  and  agree,  to  and  with  the  said  Sir  Thomas 
Gates,  Sir  George  Somers,  Richard  Hackluit,  and  Edward 
Maria  Wingfield,  and  all  others  of  the  said  first  Colony, 
that  We,  our  Heirs,  and  Successors,  upon  Petition  in  that 
Behalf  to  be  made,  shall,  by  Letters-patent  under  the  Great 
Seal  of  England,  GIVE  and  GRANT  unto  such  Persons,  their 
Heirs,  and  Assigns,  as  the  Council  of  that  Colony,  or  the 
most  Part  of  them,  shall,  for  that  Purpose  nominate  and 
assign,  all  the  Lands,  Tenements,  and  Hereditaments,  which 
shall  be  within  the  Precincts  limited  for  that  Colony,  as 
is  aforesaid,  To  BE  HOLDEN  of  Us,  our  Heirs,  and  Succes 
sors,  as  of  our  Manor  at  East-Greenwich  in  the  County  of 
Kent,  in  free  and  common  Soccage  only,  and  not  in  Capite : 

XIX.  And  do,  in  like  Manner,  Grant  and  Agree,  for  Us, 

15 


NATIONAL     DOCUMENTS 

our  Heirs,  and  Successors,  to  and  with  the  said  Thomas 
Hanham,  Ralegh  Gilbert,  William  Parker,  and  George 
Popham,  and  all  others  of  the  said  second  Colony,  That  We, 
our  Heirs,  and  Successors,  upon  Petition  in  that  Behalf  to 
be  made,  shall,  by  Letters-patent  under  the  Great  Seal  of 
England,  GIVE  and  GRANT  unto  such  Persons,  their  Heirs, 
and  Assigns,  as  the  Council  of  that  Colony,  or  the  most 
Part  of  them,  shall,  for  that  Purpose,  nominate  and  assign, 
all  the  Lands,  Tenements,  and  Hereditaments,  which  shall 
be  within  the  Precincts  limited  for  that  Colony,  as  is  afore 
said  To  BE  HOLDEN  of  Us,  our  Heirs,  and  Successors,  as  of 
our  Manour  of  East-Greenwich  in  the  County  of  Kent,  in 
free  and  common  Soccage  only,  and  not  in  Capite. 

XX.  All  which  Lands,  Tenements,  and  Hereditaments, 
so  to  be  passed  by  the  said  several  Letters-patent,  shall  be 
sufficient  Assurance  from  the  said  Patentees,  so  distributed 
and  divided  amongst  the  Undertakers  for  the  Plantation 
of  the  said  several  Colonies,  and  such  as  shall  make  their 
Plantations  in  either  of  the  said  several  Colonies,  in  such 
Manner  and  Form,  and  for  such  Estates,  as  shall  be 
ordered  and  set  down  by  the  Council  of  the  said  Colony,  or 
the  most  Part  of  them,  respectively,  within  which  the  same 
Lands,  Tenements,  and  Hereditaments  shall  lye  or  be; 
Although  express  Mention  of  the  true  yearly  Value  or  Cer 
tainty  of  the  Premises,  or  any  of  them,  or  of  any  other 
Gifts  or  Grants,  by  Us  or  any  of  our  Progenitors  or  Pred 
ecessors,  to  the  aforesaid  Sir  Thomas  Gates,  Knt.  Sir 
George  Somers,  Knt.  Richard  Hackluit,  Edward-Maria 
Wingfield,  Thomas  Hanham,  Ralegh  Gilbert,  William 
Parker,  and  George  Popham,  or  any  of  them,  heretofore 
made,  in  these  Presents,  is  not  made;  Or  any ^ Statute,  Act, 
Ordinance,  or  Provision,  Proclamation,  or  Restraint,  to  the 
contrary  hereof  had,  made,  ordained,  or  any  other  Thing, 
Cause,  or  Matter  whatsoever,  in  any  wise  notwithstanding. 

16 


NATIONAL     DOCUMENTS 

In  Witness  whereof  we  have  caused  these  our  Letters  to  be 
made  Patents;  Witness  Ourself  at  Westminster,  the  tenth 
Day  of  April,  in  the  fourth  Year  of  our  Reign  of  England, 
France,  and  Ireland,  and  of  Scotland  the  nine  and  thirtieth. 


17 


The  Mayflower  Compact     1620 

In  the  name  of  God,  Amen.  We,  whose  names  are  under 
written,  the  loyal  subjects  of  our  dread  sovereigne  Lord, 
King  James,  by  the  grace  of  God,  of  Great  Britaine, 
France,  and  Ireland  king,  defender  of  the  faith,  etc.,  having 
undertaken,  for  the  glory  of  God,  and  advancement  of  the 
Christian  faith,  and  honour  of  our  king  and  country,  a 
voyage  to  plant  the  first  colony  in  the  Northerne  parts  of 
Virginia,  doe,  by  these  presents  solemnly  and  mutually  in 
the  presence  of  God,  and  one  of  another,  covenant  and 
combine  ourselves  together  into  a  civill  body  politick,  for 
our  better  ordering  and  preservation  and  furtherance  of 
the  ends  aforesaid;  and  by  virtue  hereof  to  enacte,  consti 
tute,  and  frame  such  just  and  equall  laws,  ordinances,  acts, 
constitutions,  and  offices,  from  time  to  time,  as  shall  be 
thought  most  meete  and  convenient  for  the  generall  good 
of  the  Colonie,  unto  which  we  promise  all  due  submission 
and  obedience.  In  witness  whereof  we  have  hereunder  sub 
scribed  our  names  at  Cap-Codd  the  11.  of  November,  in 
the  year  of  the  raigne  of  our  sovereigne  lord,  King  James, 
of  England,  France,  and  Ireland,  the  eighteenth,  and  of 
Scotland  the  fif tie-fourth.  Anno.  Dom.  1620. 


18 


Articles  of  Confederation  of  the  New  England 
Colonies     1643 

Articles  of  Confederation  between  the  Plantations  under 
the  Government  of  Massachusetts,  the  Plantations  under 
the  Government  of  New  Plymouth,  the  Plantations  under 
the  Government  of  Connecticut,  and  the  Government  of 
New  Haven  with  the  Plantations  in  Combination  there 
with: 

Whereas  we  all  came  into  these  parts  of  America  with 
one  and  the  same  end  and  aim,  namely,  to  advance  the  king 
dom  of  our  Lord  Jesus  Christ  and  to^fnjoy  the  liberties 
of  the  Gospel  in  purity  with  peace;  and  whereas  in  our 
settling  (by  a  wise  providence  of  God)  we  are  further  dis 
persed  upon  the  sea  coasts  'and  rivfrs  than  was  at  first  in 
tended,  so  that  we  can  not  according  to  our  desire  with  con 
venience  communicate  in  one  government  and  jurisdiction; 
and  whereas  we  live  encompassed  with  people  of  several 
nations  and  strange  languages  which  hereafter  may  prove 
injurious  to  us  or  our  posterity;  and  forasmuch  as  the 
natives  have  formerly  committed  sundry  insolences  and 
outrages  upon  several  plantations  of  the  English  and  have 
of  late  combined  themselves  against  us;  and  seeing,  by 
reason  of  those  sad  distractions  in  England  (which  they 
have  heard  ofj^und  by  which  they  know  we  are  hindered 
from  that  humble  way  of  seeking  advice  or  reaping  those 
comfortable  fr^ts  of  protection  which  at  other  times  we 
might  well  expect ;  we  therefore  do  conceive  it  our  bounden 
duty,  without  delay  to  enter  into  a  present  consociation 
amongst  ourselves,  for  mutual  help  and  strength  in  all  our 
future  concernments.  That,  as  in  nation  and  religion,  so  in 

19 


NATIONAL     DOCUMENTS 

other  respects,  we  be  and  continue  one  according  to  the  tenor 
and  true  meaning  of  the  ensuing  articles.  1.  Wherefore 
it  is  fully  agreed  and  concluded  by  and  between  the  parties 
or  jurisdictions  above  named,  and  they  jointly  and  severally 
do  by  these  presents  agree  and  conclude,  that  they  all  be  and 
henceforth  be  called  by  the  name  of  the  United  Colonies  of 
New  England. 

2.  The  said  United  Colonies,   for  themselves  and  their 
posterities,   do  jointly   and   severally  hereby  enter  into   a 
firm  and  perpetual   league   of   friendship   and  amity,   for 
offence  and  defence,  mutual  advice  and  succor  upon  all  just 
occasions,  both  for  preserving  and  propagating  the  truth 
and   liberties   of   the   Gospel,   and   for   their   own   mutual 
safety  and  welfare. 

3.  It    is  further*    agreed  that    the  plantations    which  at 
present  are  or  hereafter  shall  be  settled  with  [in]  the  limits 
of  the  Massachusetts  $hall  be  forever  under  the  Massachu 
setts,  and  shall  have  peculiar  jurisdiction  among  themselves 
in  all  cases,  as  an  entire  body.     And  that  Plymouth, 'Con 
necticut,   and   New   Haven   shall  each  of   them   have  like 
peculiar  jurisdiction    an'd    government   within    their   limits 
and  in  reference  to  the  plantations  which  already  are  set 
tled,  or  shall  hereafter  be  erected,  or  shall  settle  within 
their   limits,  respectively;    provided    no    other    jurisdiction 
shall  hereafter  be  taken  in,  as  a  distinct  head  or  member 
of  this   confederation,   nor   shall   any   other    plantation  or 
jurisdiction  in  present  being,  and  not  already  in  combina 
tion  or  under  the  jurisdiction  of  any  of  thefe  confederates, 
be  received  by  any  of  them;  nor  shall  any  two  of  the  con 
federates  join  in   one  jurisdiction  without  consent  of  the 
rest,  which  consent  to  be  interpreted  as  is  expressed  in  the 
sixth  article  ensuing. 

4.  It  is  bji  these  confederates  agreed,  that  the  charge  of 
all  just  wars,  whether  offensive  or  defensive,  upon  what  part 

20 


NATIONAL     DOCUMENTS 

or  member  of  this  confederation  soever  they  fall,  shall  both 
in  men,  provisions,  and  all  other  disbursements  be  borne  by 
all  the  parts  of  this  confederation  in  different  proportions 
according  to  their  different  abilities,  in  manner  following: 
namely,  that  the  commissioners  for  each  jurisdiction  from 
time  to  time,  as  there  shall  be  occasion,  bring  a  true  account 
and  number  of  all  their  males  in  every  plantation,  or  any 
way  belonging  to  or  under  their  several  jurisdictions,  of 
what  quality  or  condition  soever  they  be,  from  16  years  old 
to  60,  being  inhabitants  there;  and  that  according  to  the 
different  numbers  which  from  time  to  time  shall  be  found 
in  each  jurisdiction  upon  a  true  and  just  account,  the  service 
of  men  and  all  charges  of  the  war  be  borne  by  the  poll; 
each  jurisdiction  or  plantation  being  left  to  their  own  just 
course  and  custom  of  rating  themselves  and  people  accord 
ing  to  their  different  estates  with  due  respects  to  their 
qualities  and  exemptions  amongst  themselves  though  the 
confederates  take  no  notice  of  any  such  privilege.  And 
that  according  to  their  different  charge  of  each  jurisdiction 
and  plantation,  the  whole  advantage  of  the  war  (if  it  please 
God  so  to  bless  their  endeavours,)  whether  it  be  in  lands, 
goods,  or  persons,  shall  be  proportionably  divided  among 
the  said  confederates. 

5.  It  is  further  agreed,  that  if  these  jurisdictions,  or  any 
plantation  under  or  in  combination  with  them,  be  invaded 
by  any  enemy  whomsoever,  upon  notice  and  request  of 
any  3  magistrates  of  that  jurisdiction  so  invaded,  the  rest 
of  the  confederates,  without  any  further  meeting  or  expos 
tulation,  shall  forthwith  send  aid  to  the  confederate  in 
danger,  but  in  different  proportions;  namely,  the  Massa 
chusetts  an  hundred  men  sufficiently  armed  and  provided 
for  such  a  service  and  journey,  and  each  of  the  rest,  forty- 
five  so  armed  and  provided,  or  any  lesser  number,  if  less  be 
required  according  to  this  proporticn.  But  if  such  confed- 


NATIONAL     DOCUMENTS 

erate  in  danger  may  be  supplied  by  their  next  confederates, 
not  exceeding  the  number  hereby  agreed,  they  may  crave 
help  there,  and  seek  no  further  for  the  present;  the  charge 
to  be  borne  as  in  this  article  is  expressed,  and  at  the  return 
to  be  victualled  and  supplied  with  powder  and  shot  for  their 
journey  (if  there  be  need)  by  that  jurisdiction  which  em 
ployed  or  sent  for  them.  But  none  of  the  jurisdictions  to 
exceed  these  numbers  till,  by  a  meeting  of  the  commission 
ers  for  this  confederation,  a  greater  aid  appear  necessary. 
And  this  proportion  to  continue  till  upon  knowledge  of 
greater  numbers  in  each  jurisdiction,  which  shall  be  brought 
to  the  next  meeting,  some  other  proportion  be  ordered.  But 
in  any  such  case  of  sending  men  for  present  aid,  whether 
before  or  after  such  order  or  alteration,  it  is  agreed  that 
at  the  meeting  of  the  commissioners  for  this  confederation, 
the  cause  of  such  war  or  invasion  be  duly  considered ;  and  if 
it  appear  that  the  fault  lay  in  the  parties  so  invaded  then 
that  jurisdiction  or  plantation  make  just  satisfaction,  both 
to  the  invaders  whom  they  have  injured,  and  bear  all  the 
charges  of  the  war  themselves,  without  requiring  any  allow 
ance  from  the  rest  of  the  confederates  towards  the  same. 
And  further,  that  if  any  jurisdiction  see  any  danger  of 
invasion  approaching,  and  there  be  time  for  a  meeting,  that 
in  such  a  case  3  magistrates  of  that  jurisdiction  may  sum 
mon  a  meeting  at  such  convenient  place  as  themselves  shall 
think  meet,  to  consider  and  provide  against  the  threatened 
danger,  provided  when  they  are  met,  they  may  remove  to 
what  place  they  please;  only  whilst  any  of  these  four  con 
federates  have  but  three  magistrates  in  their  jurisdiction, 
their  requests,  or  summons,  from  any  2  of  them  shall  be 
accounted  of  equal  force  with  the  3  mentioned  in  both  the 
clauses  of  this  article,  till  there  be  an  increase  of  magis 
trates  there. 

6.  It  is  also  agreed  that,  for  the  managing  and  conclud- 


NATIONAL     DOCUMENTS 

ing  of  all  affairs  proper,  and  concerning  the  whole  confed 
eration,  two  commissioners  shall  be  chosen  by  and  out  of 
each  of  these  4  jurisdictions:  namely,  2  for  the  Massachu 
setts,  2  for  Plymouth,  2  for  Connecticut,  and  2  for  New 
Haven,  being  all  in  Church-fellowship  with  us,  which  shall 
bring  full  power  from  their  several  General  Courts  respec 
tively  to  hear,  examine,  weigh,  and  determine  all  affairs  of 
war,  or  peace,  leagues,  aids,  charges,  and  numbers  of  men 
for  war,  division  of  spoils,  and  whatsoever  is  gotten  by  con 
quest,  receiving  of  more  confederates,  or  plantations  into 
combination  with  any  of  the  confederates,  and  all  things 
of  like  nature,  which  are  the  proper  concomitants  or  con 
sequents  of  such  a  confederation  for  amity,  offence,  and 
defence;  not  intermeddling  with  the  government  of  any  of 
the  jurisdictions,  which  by  the  third  article  is  preserved 
entirely  to  themselves.  But  if  these  8  commissioners  when 
they  meet  shall  not  all  agree  yet  it  [is]  concluded  that  any 
6  of  the  8  agreeing  shall  have  power  to  settle  and  deter 
mine  the  business  in  question.  But  if  6  do  not  agree,  that 
then  such  propositions,  with  their  reasons,  so  far  as  they 
have  been  debated,  be  sent  and  referred  to  the  4  General 
Courts ;  namely,  the  Massachusetts,  Plymouth,  Connecticut, 
and  New  Haven;  and  if  at  all  the  said  General  Courts  the 
business  so  referred  be  concluded,  then  to  be  prosecuted  by 
the  confederates  and  all  their  members.  It  is  further 
agreed  that  these  8  commissioners  shall  meet  once  every 
year,  besides  extraordinary  meetings  (according  to  the  fifth 
article,)  to  consider,  treat,  and  conclude  of  all  affairs  be 
longing  to  this  confederation,  which  meeting  shall  ever  be 
the  first  Thursday  in  September.  And  that  the  next  meet 
ing  after  the  date  of  these  presents,  which  shall  be 
accounted  the  second  meeting,  shall  be  at  Boston  in  the 
Massachusetts,  the  3.  at  Hartford,  the  4.  at  New  Haven, 
the  5.  at  Plymouth,  and  so  in  course  successively,  if  in  the 

23 


NATIONAL     DOCUMENTS 

meantime  some  middle  place  be  not  found  out  and  agreed 
on,  which  may  be  commodious  for  all  the  jurisdictions. 

7.  It  is  further  agreed,  that  at  each  meeting  of  these  8 
Commissioners,  whether  ordinary  or  extraordinary,  they  or 
6  of  them  agreeing  as  before,  may  choose  their  President 
out  of  themselves  whose  office  and  work  shall  be  to  take  care 
and  direct  for  order  and  a  comely  carrying  on  of  all  pro 
ceedings  in  the  present  meeting:  but  he  shall  be  invested 
with  no  such  power  or  respect,  as  by  which  he  shall  hinder 
the  propounding  or  progress  of  any  business,  or  any  way 
cast  the  scales  otherwise  than  in  the  precedent  article  is 
agreed. 

8.  It  is  also  agreed,  that  the  commissioners  for  this  con 
federation  hereafter  at  their  meetings,  whether  ordinary  or 
extraordinary,  as  they  may  have  commission  or  opportunity, 
do  endeavor  to  frame  and  establish  agreements  and  orders  in 
general  cases  of  a  civil  nature,  wherein  all  the  plantations 
are  interested,  for  the  preserving  of  peace  among  themselves, 
and  preventing  as  much  as  may  be  all  occasion  of  war  or 
differences  with  others;  as  about  the  free  and  speedy  pas 
sage  of  justice,  in  every  jurisdiction,  to  all  the  confederates 
equally  as  to  their  own ;  not  receiving  those  that  remove  from 
one  plantation  to  another  without  due  certificate;  how  all 
the  jurisdictions  may  carry  it  towards  the  Indians,  that  they 
neither  grow  insolent,  nor  be  injured  without  due  satisfac 
tion,  lest  war  break  in  upon  the  confederates  through  such 
miscarriages.     It  is  also  agreed  that  if  any  servant  run  away 
from  his  master  into  any  other  of  these  confederated  juris 
dictions,  that  in  such  case,  upon  the  certificate  of  one  magis 
trate  in  the  jurisdiction  out  of  which  the  said  servant  fled, 
or  upon  other  due  proof,  the  said  servant  shall  be  delivered, 
either  to  his  master,  or  any  other  that  pursues  and  brings 
such  certificate  or  proof.     And  that  upon  the  escape  of  any 
prisoner  whatsoever,   or   fugitive   for   any  criminal   cause, 

24 


NATIONAL     DOCUMENTS 

whether  breaking  prison,  or  getting  from  the  officer,  or 
otherwise  escaping,  upon  the  certificate  of  2  magistrates 
of  the  jurisdiction  out  of  which  the  escape  is  made,  that  he 
was  a  prisoner,  or  such  an  offender  at  the  time  of  the  escape, 
they  magistrates,  some  of  them  of  that  jurisdiction  where 
for  the  present  the  said  prisoner  or  fugitive  abideth,  shall 
forthwith  grant  such  a  warrant  as  the  case  will  bear,  for 
the  apprehending  of  any  such  person,  and  the  delivery  of 
him  into  the  hands  of  the  officer  or  other  person  who 
pursues  him.  And  if  there  be  help  required,  for  the 
safe  returning  of  any  such  offender,  then  it  shall  be 
granted  to  him  that  craves  the  same,  he  paying  the  charges 
thereof. 

9.  And  for  that  the  justest  wars  may  be  of  dangerous 
consequence,  especially  to  the  smaller  plantations  in  these 
United  Colonies,  it  is  agreed  that  neither  the  Massachusetts, 
Plymouth,  Connecticut,  nor   New    Haven,  nor    any   of   the 
members  of  them,  shall  at  any  time  hereafter  begin,  under 
take,  or  engage  themselves,  or  this  confederation,  or  any 
part  thereof  in  any  war  whatsoever  (sudden  exigencies,  with 
the  necessary  consequents  thereof  excepted,  which  are  also 
to  be  moderated  as  much  as  the  case  will  permit,)  without 
the  consent  and  agreement  of  the  forementioned  8  com 
missioners,  or  at  least  6  of  them,  as  in  the  sixth  article  is 
provided.     And  that  no  charge  be  required  of  any  of  the 
confederates,  in  case  of  a  defensive  war,  till  the  said  com 
missioners  have  met,  and  approved  the  justice  of  the  war, 
and  have  agreed  upon  the  sum  of  money  to  be  levied,  which 
sum  is  then  to  be  paid  by  the  several  confederates  in  pro 
portion  according  to  the  fourth  article. 

10.  That  in  extraordinary  occasions,  when  meetings  are 
summoned  by  three  magistrates  of  any  jurisdiction,  or  2  as 
in  the  5.   article,  if  any  of  the  commissioners  come  not, 
due  warning  being  given  or  sent,  it  is  agreed  that  4  of  the 

25 


NATIONAL     DOCUMENTS 

commissioners  shall  have  power  to  direct  a  war  which  can 
not  be  delayed,  and  to  send  for  due  proportions  of  men  out 
of  each  jurisdiction,  as  well  as  6  might  do  if  all  met;  but 
not  less  than  6  shall  determine  the  justice  of  the  war,  or 
allow  the  demands  or  bills  of  charges,  or  cause  any  levies 
to  be  made  for  the  same. 

11.  It  is  further  agreed  that  if  any  of  the  confederates 
shall  hereafter  break  any  of  these  present  articles,  or  be  any 
other  way  injurious  to  any  one  of  the  other  jurisdictions; 
such  breach  of  agreement  or  injury  shall  be  duly  considered 
and  ordered  by  the  commissioners  for  the  other  jurisdic 
tions,  that  both  peace  and  this  present  confederation  may 
be  entirely  preserved  without  violation. 

12.  Lastly,  this  perpetual  confederation,  and  the  several 
articles  and  agreements  thereof  being  read,  and  seriously 
considered,  both  by  the  General  Court  for  the  Massachu 
setts,  and  by  the  commissioners  for  Plymouth,  Connecticut, 
and  New  Haven,  were  fully  allowed  and  confirmed  by  three 
of  the  forenamed  confederates,  namely,  the  Massachusetts, 
Connecticut,  and  New  Haven;  only  the  commissioners  for 
Plymouth  having  no  commission  to  conclude,  desired  respite 
until  they  might  advise  with  their  General  Court;  where 
upon  it  was  agreed  and  concluded  by  the  said  Court  of  the 
Massachusetts,   and  the   commissioners   for  the   other   two 
confederates,  that,   if   Plymouth  consent,  then  the   whole 
treaty  as   it  stands  in  these  present  articles  is,  and  shall 
continue,  firm  and  stable  without  alteration.     But  if  Plym 
outh  come  not  in,  yet  the  other  three  confederates  do  by 
these  presents  confirm  the  whole  confederation,  and  all  the 
articles  thereof;  only  in  September  next  when  the  second 
meeting  of  the  commissioners  is  to  be  at  Boston,  new  con 
sideration  may  be  taken  of  the  6.  article,  which  concerns 
number  of  commissioners  for  meeting  and  concluding  the 
affairs    of   this   confederation    to    the   satisfaction    of   the 

26 


NATIONAL     DOCUMENTS 

Court  of  the  Massachusetts,  and  the  commissioners  for  the 
other  2  confederates,  but  the  rest  to  stand  unquestioned.  In 
the  testimony  whereof,  the  General  Court  of  the  Massa 
chusetts,  by  their  Secretary,  and  the  commissioners  for  Con 
necticut  and  New  Haven,  have  subscribed  these  present 
articles  this  19.  of  the  third  month,  commonly  called  May, 
Anno  Dom:  1643. 

At  a  meeting  of  the  commissioners  for  the  confederation 
held  at  Boston  the  7.  of  September,  it  appearing  that  the 
General  Court  of  New  Plymouth  and  the  several  townships 
thereof  have  read,  considered,  and  approved  these  Articles 
of  confederation,  as  appeareth  by  commission  of  their  Gen 
eral  Court  bearing  date  the  2Q.  of  August,  1643,  to  Mr. 
Edward  Winslow  and  Mr.  William  Collier,  to  ratify  and 
confirm  the  same  on  their  behalf.  We  therefore,  the  com 
missioners  for  the  Massachusetts,  Connecticut,  and  New 
Haven,  do  also  for  our  several  Governments  subscribe  unto 
them. 

JOHN  WINTHROP,  Governor  of  the  Massachusetts, 

THO.  DUDLEY,  EDWA.  HOPKINS, 

GEO.  FENWICK,  THOMAS  GREGSON. 

THEOPH.  EATON, 


27 


A   Typical  Early  Indian  Treaty    1645 

A  Treaty  and  agreement  betwixt  the  Comissioners  for 
the  United  Colonies  of  New  England  on  the  one  part  And 
Pessecus  Mexanno  eldest  of  Canownacus  Sonns  Jannemo 
(als)  Nenegelett  and  Wipetamock  and  others  Sagamores 
of  the  Narrohiggansets  and  Nyantick  Indians  on  the  other 
part  made  and  concluded  at  Bostone  in  the  Massachusetts 
the  xxviith  of  the  sixth  month  1645. 

1.  A  Warr  being  raised  and  persecuted  by  the  Narrohig 
gansets  and  Nyantick  Indians  against  Uncas  Sagamore  of 
the  Mohegans  contrary  to  former  treaties  and  their  expresse 
engagements  therein,,  the  English  Colonies  were  first  put 
upon   charg   and    inconvenience   in    sending   men    for   the 
defence  of  Uncas,  then  they  sent  Messengers  to  the  Narro 
higgansets  and  Nyantick  Sagamores  to  stay  their  warr  till 
the  English  according  to  former  covenant  and  agreement 
had  heard  their  greevances  but  without  successe :  And  lastly 
were  forced  to  prepare  an  offensive  warr  against  them.    Yet 
the  Comissioners  before  the  warr  began  sent  other  Messen 
gers  to  the  Narrohigganset  Sagamores  to  offer  them  peace 
upon  due  satisfaccion   for  what  was  past  and  other  just 
termes  for  the  future. 

2.  Pessecus  and  Mexanno  with  other  Captaines  and  Coun 
sellors  of  the   Narrohiggansets   and   one  Deputie   for  the 
Nyanticks  being  come  to  Bostone,  and  joyntly  affirmeing 
they  had  comission  to  treate  and  conclude  not  onely   for 
the    Narrohiggansett  but   for  the    Nyantick   Indians,  and 
engageing  themselves  one  for  another  were  after  a  large 
debate   and    conferrence    about    greevances    betwixt  them 
selves  and  Uncas,  and  a  due  Consideracon  of  former  Treat 
ies    and    agreements    with    the    English    convinced    and 

28 


NATIONAL     DOCUMENTS 

acknowledged  that  they  had  broken  their  Covenants  and 
had  thereby  not  onely  endamaged  Uncas  but  had  brought 
much  charg  and  trouble  upon  all  the  English  Colonies  which 
they  confest  were  just  they  should  satisfy. 

3.  It  was  agreed  betwixt  the  Comissioners  of  the  United 
Colonies  and  the  foremenconed  Sagamores  and  Ny  an  tick 
Deputie  That  the  said  Narrohigganset  and  Nyantick  Sag 
amores  should  pay  or  cause  to  be  payd  at  Boston  to  the 
Massachusetts  Comissioners  the  full  sum  of  two  thousand 
fathome    of    good    white    wampum    or    a    third    part    of 
good  black  wampum  peage  in  four  payments  namely  five 
hundred  fathome  within  twenty  dayes,  five  hundred  fathome 
within  f oure  months,  five  hundred  fathome  at  or  before  next 
planting  tyme  and  five  hundred  within  two  years  next  after 
the  date  of  these  presents  which  two  thousand  fathome  the 
Comissioners    accept    for    satisfaccon   of    former    charges 
expended. 

4.  The  foresaid  Sagamores   and  Deputie  on  the  behalf 
of  the  Narrohigganset  and  Nyantick  Indians  hereby  prom 
ise  and  covenant  that  they  will  upon  demaund  and  proofe 
satisfy  and  restore  unto  Uncas  the  Mohegan  Sagamore  all 
such  Captives  whether  men  weomen  or  children  and  all  such 
Canoues  [canoes]  as  they  or  any  of  their  men  have  taken, 
or  as  many  of  their  own  Canoues  in  the  roome  of  them  full 
as  good  as  they  were  with  full  satisfaccon  for  all  such  Corne 
as  they  or  any  of  their  men  have  spoiled  or  destroyed  of  his 
or  his  mens  since  last  planting  tyme  And  the  English  Comis 
sioners  hereby  promise  that  Uncas  shall  do  the  like  to  them. 

5.  Whereas    there    are    sondry   differences    and    greev- 
ances  betwixt  Narrohigganset  and   Nyantick  Indians  and 
Uncas  and  his  men  (which  in  Uncas  his  absence  cannot  now 
be  determyned)  It  is  hereby  agreed  that  Narrohigganset  and 
Nyantick  Sagamores  either  come  themselves  or  send  their 
deputies  to  the  next  meeting  of  the  Comissioners   for  the 


NATIONAL     DOCUMENTS 

Colonies  either  at  New  Haven  in  September  1646  or  sooner 
(oopon  convenyent  warneing  if  the  Comissioners  do  meete 
sooner)  fully  instructed  to  declare  and  make  due  proof e 
of  their  injuries  and  to  submit  to  the  Judgment  of  the  Com 
issioners  for  the  United  Colonies  in  giveing  or  receiveing 
satis faccon,  and  the  said  Comissioners  (not  doubting  but 
Uncas  will  either  come  himself  or  send  his  Deputies  in  like 
manner  furnished)  promise  to  give  a  full  hearing  to  both 
parties  with  equall  justice  without  any  partial  respect 
according  to  their  allegacons  [allegations]  and  promises. 

6.  The  said  Narrohigganset  and  Nyantick  Sagamores 
and  deputies  do  hereby  promise  and  covenant  to  keepe  and 
maintayne  a  firm  and  perpetuall  peace  both  with  all  the 
English  United  Colonies  and  their  Successors  and  with 
Uncas  the  Mohegan  Sachim  and  his  men  with  Ussamequin, 
Pomham,  Sokaknooco,  Cutchamakin,  Shoanan,  Passacon- 
away,  and  their  companies,  who  are  in  friendship  with  or 
subject  to  any  of  the  English  hereby  engaging  themselves 
that  they  will  not  at  any  tyme  hereafter,  disturbe  the  peace 
of  the  Countrey,  by  any  assaults,  hostile  attempts,  invasions 
or  other  injuries,  to  any  of  the  United  Colonies  or  their 
Successors  or  to  the  aforesaid  Indians  either  in  their  per 
sons  building  cattell  or  goods  directly  or  indirectly,  nor 
will  they  confederate  with  any  other  against  them,  and  if 
they  know  of  any  Indians  or  others  that  conspire  or  intend 
hurt  either  against  the  said  English  or  any  Indian  subject 
to  or  in  friendship  with  them,  they  will  without  delay 
acquaint  and  give  notice  thereof  to  the  English  Comis 
sioners  or  some  of  them. 

And  if  any  questions  or  differences  shall  at  any  time 
hereafter  arise  or  grow  between  them,  and  Uncas  or  any 
Indians  before  menconed,  [mentioned]  they  will  according 
to  former  engagements  (which  they  hereby  confirm  and 
ratify)  first  acquaint  the  English  and  crave  their  judg- 

30 


NATIONAL     DOCUMENTS 

ments  and  advice  therein,  and  will  not  attempt  or  begin  any 
warr  or  hostile  invasion  till  they  have  liberty  and  allowance 
from  the  Comissioners  of  the  United  Colonies  so  to  doe. 

7.  The    said    Narrohigganset   and    Nyantick    Sagamores 
and  Deputie  do  hereby  promise  that  they  will  forthwith 
deliver   and  restore   all  such   Indian    fugitives   or  captives 
which  have  at  any  time  fled  from  any  of  the  English,  and 
are  now  liveing  or  abiding  with  or  amongst  them,  or  give 
due  satisf accon  for  them  to  the  Comissioners  for  the  Massa- 
chusets,  And  further  that  they  will  (without  more  delayes) 
pay  or  cause  to  be  payd  an  yearely  tribute  a  month  before 
Indian   harvest  every  yeare   after  this  at   Bostone  to  the 
English  Colonies  for  all  such  Peacotts    [Pequots]    as  live 
amongst  them  according  to  the  former  treatie  and  agree 
ment  made  at  Hartford  1638  namely  one  fathome  of  white 
wampum  for  every  Peacott  man,  and  half  a  fathome  for 
eich  Peacott  youth  and  one  hand  length  of  wampum  for 
eich  Peacott  man  child  And  if  Weekwash  Cake  refuse  to 
pay  this  tribute  for  any  Peacotts  with  him  the  Narrohig 
ganset   Sagamores    promise   to   assist  the   English  against 
him.     And  they  further  covenant  that  they  will  resigne  and 
yielde  up  the  whole  Peacott  countrey  and  every  part  of  it 
to  the  English  Colonies,  as  due  to  them  by  Conquest. 

8.  The    said    Narrohigganset   and   Nyantick    Sagamores 
and  deputy  do  hereby  promise  and  covenant  that  within 
fourteene  dayes  they  will  bring  and  deliver  to  the  Massa- 
chusets    Comissioners   on  behalf   of  all  the   Colonies   foue 
[four]  of  their  children  vizt.  Pissacus  his  eldest  sonn,  the 
sonn  of  Tassaquanawitt  brother  to  Pissacus  Awashanoe  his 
sonn  and  Ewangesos  sonn  a  Nyantick  to  be  kept  (as  pledges 
or  hostages)  by  the  English  till  both  the  foremenconed  two 
thousand  fathome  of  wampum  be  payd  at  the  tymes  above 
expressed  and  the  differences  betwixt  themselves  and  Uncas 
be  heard  and  ordered,  and  till  these  articles  of  agreement 

31 


NATIONAL     DOCUMENTS 

be  underwritten  at  Boston  by  Jannemo  and  Wypetock.  And 
further  they  hereby  promise  and  covenant  that  if  at  any 
tyme  hereafter  any  of  the  said  Children  shall  make  escape 
or  be  conveyed  away  from  the  English  before  the  premisses 
be  fully  accomplished,  they  will  either  bring  back  and 
deliver  to  the  Massachusets  Comissioners  the  same  children, 
or  if  they  be  not  to  be  found,  such  and  so  many  other  chil 
dren  to  be  chosen  by  the  Comissioners  for  the  United  Col 
onies  or  their  assignes,  and  that  within  twenty  dayes  after 
demaund,  and  in  the  mean  tyme  until  the  said  f  oure  children 
be  delivered  as  hostages  the  Narrohigganset  and  Nyantick 
Sagamores  and  Deputie  do  freely  and  of  their  owne  accord 
leave  with  the  Massachusets  Comissioners  as  pledges  for 
present  securitie  foure  Indians  namely  Witowash  Pomamse 
Jawassoe  Waugwamino,  who  also  freely  consent  and  offer 
themselves  to  stay  as  pledges,  till  the  said  Children  be 
brought  and  delivered  as  abovesaid. 

9.  The  Comissioners  for  the  United  Colonies  do  hereby 
promise  and  agree  That  at  the  charg  of  the  United  Colonies 
the  foure  Indians  now  left  as  pledges  shalbe  provided  for, 
and  that  the  foure  children  to  be  brought  and  delivered  as 
hostages,  shalbe  kept  and  mayntained  at  the  same  charg, 
that  they  will  require  Uncas  and  his  men  with  all  the  other 
Indian  Sagamores  beforenamed  to  forbeare  all  acts  of  hos 
tility  against  the  Narrohigganset  and  Nyantick  Indians  for 
the    future.     And    further    all   the   premisses    being    duly 
observed  and  kept  by  the  Narrohigganset  and  Nyantick  In 
dians  and  their  company ;  they  will  at  the  end  of  two  years 
restore  the  said  children  delivered  as  hostages  and  retayne 
a  firme  peace  with  the  Narrohigganset  and  Nyantick  In 
dians  and  their  Successors. 

10.  It  is  fully  agreed  by  and  betwixt  the  said  parties 
that  if  any  hostile  attempt  be  made  while  this  treaty  is  in 
hand  or  before  notice  of  this  agreement   (to  stay  former 


NATIONAL     DOCUMENTS 

preparacons  and  Direcons)  can  be  given,  such  attempts 
and  the  consequents  thereof  shall  on  neither  part  be  ac 
counted  a  vyolacon  [violation]  of  this  treaty  nor  a  breach 
of  the  peace  here  made  and  concluded. 

11.  The   Narrohigganset  and   Nyantick   Sagamores  and 
Deputie  hereby  agree  and  covenant  to  and  with  the  Comis- 
sioners  of  the  United  Colonies  that  henceforward  they  will 
neither  give  graunt  sell  nor  in  any  manner  alienate  any  part 
of  their  Countrey,  nor  any  parcell  of  land  therein  either  to 
any  of  the  English  or  others  without  consent  or  allowance 
of  the  said  Comissioners. 

12.  Lastly  they   promise  that  if   any   Peacott  or   other 
be  found  and  discovered  amongst  them  who  hath  in  tyme 
of  peace  murthered  any  of  the  English,  he  or  they  shalbe 
delivered  to  just  punishment.    In  witnes  whereof  the  parties 
abovenamed  have  interchaungably  subscribed  these  presents 
the  day  and  yeare  above  written. 

The  marke  —  of  Pessecus 

The  marke  of  —  Aumsaaquen  the  Nyantick  Deputy 

Abdas  —  marke 

The  marke  —  of  Pommush 

Cutchamakins  —  marke 

The  marke  of  —  Weekesanno 

The  marke  of  —  Wittowash 

[Totem  signs  attached  to  each  signature.] 


Declaration  of  Rights  1765 

The  members  of  this  congress,  sincerely  devoted,  with 
the  warmest  sentiments  of  affection  and  duty  to  his  maj 
esty's  person  and  government,  inviolably  attached  to  the 
present  happy  establishment  of  the  protestant  succession, 
and  with  minds  deeply  impressed  by  a  sense  of  the  present 
and  impending  misfortunes  of  the  British  colonies  on  this 
continent;  having  considered  as  maturely  as  time  will 
permit,  the  circumstances  of  the  said  colonies,  esteem  it  our 
indispensable  duty  to  make  the  following  declarations  of 
our  humble  opinion,  respecting  the  most  essential  rights 
and  liberties  of  the  colonists,  and  of  the  grievances  under 
which  they  labour,  by  reason  of  several  late  acts  of  parlia 
ment. 

1.  Thnt  his  majesty's  subjects  in  these  colonies,  owe  the 
same   allegiance   to   the   crown    of  Great   Britain,   that   is 
owing  from  his  subjects  born  within  the  realm,  and  all  due 
subordination  to  that  august  body  the  parliament  of  Great 
Britain. 

2.  That  his  majesty's  liege  subjects  in  these  colonies,  are 
entitled  to  all  the  inherent  rights  and  liberties  of  his  natural 
born  subjects,  within  the  kingdom  of  Great  Britain. 

3.  That  it  is  inseparably  essential  to  the  freedom  of  a 
people,  and  the   undoubted  right  of  Englishmen,  that  no 
taxes  be  imposed  on  them  but  with  their  own  consent,  given 
personally,  or  by  their  representatives. 

4.  That  the  people  of  these  colonies  are  not,  and,  from 
their    local    circumstances,  cannot    be,  represented    in    the 
House  of  Commons  in  Great  Britain. 

5.  That  the  only  representatives  of  the  people  of  these 
colonies,  are  persons  chosen  therein  by  themselves ;  and  that 

34 


NATIONAL     DOCUMENTS 

no  taxes  ever  have  been,,  or  can  be  constitutionally  imposed 
on  them,  but  by  their  respective  legislatures. 

6.  That  all  supplies  to  the  crown  being  free  gifts  of  the 
people,  it  is  unreasonable  and  inconsistent  with  the  prin 
ciples  and  spirit  of  the  British  constitution,  for  the  people 
of  Great  Britain  to  grant  to  his  majesty  the  property  of 
the  colonists. 

7.  That  trial  by  jury,  is  the  inherent  and  invaluable  right 
of  every  British  subject  in  these  colonies. 

8.  That  the  late  act  of  parliament,  entitled,  an  act  for 
granting    and    applying   certain    stamp    duties,  and    other 
duties,  in  the  British  colonies  and  plantations  in  America, 
&c.,  by  imposing  taxes  on  the  inhabitants  of  these  colonies, 
and  the  said  act,  and  several  other  acts,  by  extending  the 
jurisdiction  of  the  courts  of  admiralty  beyond  its  ancient 
limits,  have  a  manifest  tendency  to  subvert  the  rights  and 
liberties  of  the  colonists. 

9.  That  the  duties  imposed  by  several  late  acts  of  parlia 
ment,   from  the  peculiar   circumstances  of  these  colonies, 
will  be  extremely  burdensome  and  grievous;  and  from  the 
scarcity  of  specie,  the  payment  of  them  absolutely  imprac 
ticable. 

10.  That  as  the  profits  of  the  trade  of  these  colonies  ulti 
mately  center  in  Great  Britain,  to  pay  for  the  manufactures 
which  they  are  obliged  to  take  from  thence,  they  eventually 
contribute  very  largely  to  all  supplies  granted  there  to  the 
crown. 

11.  That  the  restrictions  imposed  by  several  late  acts  of 
parliament  on  the  trade  of  these  colonies,  will  render  them 
unable  to  purchase  the  manufactures  of  Great  Britain. 

12.  That  the  increase,  prosperity  and  happiness  of  these 
colonies,  depend  on  the  full  and  free  enjoyments  of  their 
rights  and  liberties,  and  an  intercourse  with  Great  Britain 
mutually  affectionate  and  advantageous. 

35 


NATIONAL     DOCUMENTS 

13.  That  it  is  the  right  of  the  British  subjects  in  these 
colonies,  to  petition  the  king,  or  either  house  of  parliament. 

Lastly,  That  it  is  the  indispensable  duty  of  these  colonies, 
to  the  best  of  sovereigns,  to  the  mother  country,  and  to 
themselves,  to  endeavour  by  a  loyal  and  dutiful  address  to 
his  majesty,  and  humble  applications  to  both  houses  of  par 
liament,  to  procure  the  repeal  of  the  act  for  granting  and 
applying  certain  stamp  duties,  of  all  clauses  of  any  other 
acts  of  parliament,  whereby  the  jurisdiction  of  the  ad 
miralty  is  extended  as  aforesaid,  and  of  the  other  late  acts 
for  the  restriction  of  American  commerce. 


Declaration   and  Resolves  of  the  First   Conti 
nental  Congress    1774 

Whereas,  since  the  close  of  the  last  war,  the  British  par 
liament,  claiming  a  power,  of  right,  to  bind  the  people  of 
America  by  statutes  in  all  cases  whatsoever,  hath,  in  some 
acts,  expressly  imposed  taxes  on  them,  and  in  others,  under 
various  pretences,  but  in  fact  for  the  purpose  of  raising 
a  revenue,  hath  imposed  rates  and  duties  payable  in  these 
colonies,  established  a  board  of  commissioners,  with  uncon 
stitutional  powers,  and  extended  the  jurisdiction  of  courts 
of  admiralty,  not  only  for  collecting  the  said  duties,  but  for 
the  trial  of  causes  merely  arising  within  the  body  of  a 
county. 

And  whereas,  in  consequence  of  other  statutes,  judges, 
who  before  held  only  estates  at  will  in  their  offices,  have 
been  made  dependant  on  the  crown  alone  for  their  salaries, 
and  standing  armies  kept  in  times  of  peace:  And  whereas 
it  has  lately  been  resolved  in  parliament,  that  by  force  of 
a  statute,  made  in  the  thirty-fifth  year  of  the  reign  of  King 
Henry  the  eighth,  colonists  may  be  transported  to  England, 
and  tried  there  upon  accusations  for  treasons,  and  mispri- 
sions,  or  concealments  of  treasons  committed  in  the  colonies, 
and  by  a  late  statute,  such  trials  have  been  directed  in  cases 
therein  mentioned: 

And  whereas,  in  the  last  session  of  parliament,  three 
statutes  were  made ;  one  entitled,  "  An  act  to  discontinue,  in 
such  manner  and  for  such  time  as  are  therein  mentioned, 
the  landing  and  discharging,  lading,  or  shipping  of  goods, 
wares  and  merchandise,  at  the  town,  and  within  the  harbour 
of  Boston,  in  the  province  of  Massachusetts-Bay  in  North- 
America  ;  "  another  entitled,  "  An  act  for  the  better  regulat- 

37 


NATIONAL     DOCUMENTS 

ing  the  government  of  the  province  of  Massachusetts-Bay 
in  New  England;  "  and  another  entitled,  "  An  act  for  the 
impartial  administration  of  justice,  in  the  cases  of  per 
sons  questioned  for  any  act  done  by  them  in  the  execution 
of  the  law,  or  for  the  suppression  of  riots  and  tumults, 
in  the  province  of  the  Massachusetts-Bay  in  New  Eng 
land;  "  and  another  statute  was  then  made,  "  for  making 
more  effectual  provision  for  the  government  of  the  province 
of  Quebec,  &c."  All  which  statutes  are  impolitic,  unjust, 
and  cruel,  as  well  as  unconstitutional,  and  most  dangerous 
and  destructive  of  American  rights : 

And  whereas,  assemblies  have  been  frequently  dissolved, 
contrary  to  the  rights  of  the  people,  when  they  attempted 
to  deliberate  on  grievances;  and  their  dutiful,  humble, 
loyal  and  reasonable  petitions  to  the  crown  for  redress,  have 
been  repeatedly  treated  with  contempt,  by  his  majesty's 
ministers  of  state: 

The  good  people  of  the  several  colonies  of  New-Hamp 
shire,  Massachusetts-Bay,  Rhode-Island  and  Providence 
Plantations,  Connecticut,  New- York,  New- Jersey,  Pennsyl 
vania,  New  Castle,  Kent,  and  Sussex  on  Delaware,  Mary 
land,  Virginia,  North-Carolina,  and  South-Carolina,  justly 
alarmed  at  these  arbitrary  proceedings  of  parliament  and 
administration,  have  severally  elected,  constituted,  and 
appointed  deputies  to  meet,  and  sit  in  General  Congress,  in 
the  city  of  Philadelphia,  in  order  to  obtain  such  establish 
ment,  as  that  their  religion,  laws,  and  liberties,  may  not 
be  subverted:  Whereupon  the  deputies  so  appointed  being 
now  assembled,  in  a  full  and  free  representation  of  these 
colonies,  taking  into  their  most  serious  consideration,  the 
best  means  of  attaining  the  ends  aforesaid,  do,  in  the  first 
place,  as  Englishmen,  their  ancestors  in  like  cases  have 
usually  done,  for  asserting  arid  vindicating  their  rights  and 
liberties,  DECLARE, 

38 


NATIONAL     DOCUMENTS 

That  the  inhabitants  of  the  English  colonies  in  North- 
America,  by  the  immutable  laws  of  nature,  the  principles  of 
the  English  constitution,  and  the  several  charters  or  com 
pacts,  have  the  following  RIGHTS: 

Resolved,  N.  C.  D.  1.  That  they  are  entitled  to  life,  lib 
erty  and  property,  and  they  have  never  ceded  to  any  sov 
ereign  power  whatever,  a  right  to  dispose  of  either  without 
their  consent. 

Resolved,  N.  C.  D.  2.  That  our  ancestors,  who  first  set 
tled  these  colonies,  were  at  the  time  of  their  emigration 
from  the  mother  country,  entitled  to  all  the  rights,  liberties, 
and  immunities  of  free  and  natural-born  subjects,  within 
the  realm  of  England. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they 
by  no  means  forfeited,  surrendered,  or  lost  any  of  those 
rights,  but  that  they  were,  and  their  descendants  now  are, 
entitled  to  the  exercise  and  enjoyment  of  all  such  of  them, 
as  their  local  and  other  circumstances  enable  them  to  ex 
ercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty, 
and  of  all  free  government,  is  a  right  in  the  people  to  par 
ticipate  in  their  legislative  council:  and  as  the  English  colo 
nists  are  not  represented,  and  from  their  local  and  other 
circumstances,  cannot  properly  be  represented  in  the  British 
parliament,  they  are  entitled  to  a  free  and  exclusive  power 
of  legislation  in  their  several  provincial  legislatures,  where 
their  right  of  representation  can  alone  be  preserved,  in  all 
cases  of  taxation  and  internal  polity,  subject  only  to  the 
negative  of  their  sovereign,  in  such  manner  as  has  been  here 
tofore  used  and  accustomed.  But,  from  the  necessity  of 
the  case,  and  a  regard  to  the  mutual  interest  of  both  coun 
tries,  we  cheerfully  consent  to  the  operation  of  such  acts 
of  the  British  parliament,  as  are  bona  fide,  restrained  to 
the  regulation  of  our  external  commerce,  for  the  purpose 


NATIONAL     DOCUMENTS 

of  securing  the  commercial  advantages  of  the  whole  empire 
to  the  mother  country,  and  the  commercial  benefits  of  its 
respective  members;  excluding  every  idea  of  taxation  in 
ternal  or  external,  for  raising  a  revenue  on  the  subjects,  in 
America,  without  their  consent. 

Resolved,  N.  C.  D.  5.  That  the  respective  colonies  are 
entitled  to  the  common  law  of  England,  and  more  especially 
to  the  great  and  inestimable  privilege  of  being  tried  by  their 
peers  of  the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such 
of  the  English  statutes,  as  existed  at  the  time  of  their  col 
onization;  and  which  they  have,  by  experience,  respectively 
found  to  be  applicable  to  their  several  local  and  other  cir 
cumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  col 
onies,  are  likewise  entitled  to  all  the  immunities  and  privi 
leges  granted  and  confirmed  to  them  by  royal  charters,  or 
secured  by  their  several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably 
to  assemble,  consider  of  their  grievances,  and  petition  the 
king;  and  that  all  prosecutions,  prohibitory  proclamations, 
and  commitments  for  the  same,  are  illegal. 

Resolved,  N.  C.  D.  9-  That  the  keeping  a  standing  army 
in  these  colonies,  in  times  of  peace,  without  the  consent  of 
the  legislature  of  that  colony,  in  which  such  army  is  kept, 
is  against  law. 

Resolved,  N.  C.  D.  10.  It  is  indispensably  necessary 
to  good  government,  and  rendered  essential  by  the  English 
constitution,  that  the  constituent  branches  of  the  legislature 
be  independent  of  each  other;  that,  therefore,  the  exercise 
of  legislative  power  in  several  colonies,  by  a  council  ap 
pointed,  during  pleasure,  by  the  crown,  is  unconstitutional, 
dangerous  and  destructive  to  the  freedom  of  American 
legislation. 

40 


NATIONAL     DOCUMENTS 

All  and  each  of  which  the  aforesaid  deputies,  in  behalf 
of  themselves,  and  their  constituents,  do  claim,  demand, 
and  insist  on,  as  their  indubitable  rights  and  liberties; 
which  cannot  be  legally  taken  from  them,  altered  or 
abridged  by  any  power  whatever,  without  their  own  consent, 
by  their  representatives  in  their  several  provincial  legis 
latures. 

In  the  course  of  our  inquiry,  we  find  many  infringements 
and  violations  of  the  foregoing  rights,  which,  from  an 
ardent  desire,  that  harmony  and  mutual  intercourse  of 
affection  and  interest  may  be  restored,  we  pass  over  for 
the  present,  and  proceed  to  state  such  acts  and  measures 
as  have  been  adopted  since  the  last  war,  which  demonstrate 
a  system  formed  to  enslave  America. 

Resolved,  N.  C.  D.  That  the  following  acts  of  parlia 
ment  are  infringements  and  violations  of  the  rights  of  the 
colonists ;  and  that  the  repeal  of  them  is  essentially  neces 
sary,  in  order  to  restore  harmony  between  Great-Britain 
and  the  American  colonies,  viz. 

The  several  acts  of  4  Geo.  III.  ch.  15.  and  ch.  34. — 
5  G«o.  III.  ch.  25. — 6  Geo.  III.  ch.  52. — 7  Geo.  III.  ch.  41. 
and  ch.  46. — 8  Geo.  III.  ch.  22.  which  impose  duties  for  the 
purpose  of  raising  a  revenue  in  America,  extend  the  power 
of  the  admiralty  courts  beyond  their  ancient  limits,  deprive 
the  American  subject  of  trial  by  jury,  authorize  the  judges' 
certificate  to  indemnify  the  prosecutor  from  damages,  that 
he  might  otherwise  be  liable  to,  requiring  oppressive  secur 
ity  from  a  claimant  of  ships  and  goods  seized,  before  he 
shall  be  allowed  to  defend  his  property,  and  are  subversive 
of  American  rights. 

Also  12  Geo.  III.  ch.  24.  entitled,  "  An  act  for  the  better 
securing  his  majesty's  dock-yards,  magazines,  ships,  am 
munition,  and  stores,"  which  declares  a  new  offence  in 
America,  and  deprives  the  American  subject  of  a  constitu- 

41 


NATIONAL     DOCUMENTS 

tional  trial  by  jury  of  the  vicinage,  by  authorizing  the  trial 
of  any  person,  charged  with  the  committing  any  offence 
described  in  the  said  act,  out  of  the  realm,  to  be  indicted  and 
tried  for  the  same  in  any  shire  or  county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parlia 
ment,  for  stopping  the  port  and  blocking  up  the  harbour  of 
Boston,  for  altering  the  charter  and  government  of  Massa 
chusetts-Bay,  and  that  which  is  entitled,  "  An  act  for  the 
better  administration  of  justice,  &c." 

Also  the  act  passed  in  the  same  session  for  establishing 
the  Roman  Catholic  religion,  in  the  province  of  Quebec, 
abolishing  the  equitable  system  of  English  laws,  and  erect 
ing  a  tyranny  there,  to  the  great  danger,  (from  so  total  a 
dissimilarity  of  religion,  law  and  government)  of  the  neigh 
bouring  British  colonies,  by  the  assistance  of  whose  blood 
and  treasure  the  said  country  was  conquered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better 
providing  suitable  quarters  for  officers  and  soldiers  in  his 
majesty's  service,  in  North- America. 

Also,  that  the  keeping  a  standing  army  in  several  of 
these  colonies,  in  time  of  peace,  without  the  consent  of  the 
legislature  of  that  colony,  in  which  such  army  is  kept,  is 
against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot 
submit,  but  in  hopes  their  fellow  subjects  in  Great-Britain 
will,  on  a  revision  of  them,  restore  us  to  that  state,  in  which 
both  countries  found  happiness  and  prosperity,  we  have  for 
the  present,  only  resolved  to  pursue  the  following  peace 
able  measures:  1.  To  enter  into  a  non-importation,  non- 
consumption,  and  non-exportation  agreement  or  association. 

2.  To  prepare  an  address  to  the  people  of  Great-Britain, 
and  a  memorial  to  the  inhabitants  of  British  America:  and 

3.  To  prepare  a  loyal  address  to  his  majesty,  agreeable  to 
resolutions  already  entered  into. 

42 


Declaration    of  the    Causes   and  Necessity    of 
Taking  up  Arms     1775 

A  declaration  by  the  Representatives  of  the  United  Col 
onies  of  North-America,  now  met  in  Congress  at  Phila 
delphia,  setting  forth  the  causes  and  necessity  of  them  tak 
ing  up  arms. 

If  it  was  possible  for  men,  who  exercise  their  reason  to 
believe,  that  the  divine  Author  of  our  existence  intended  a 
part  of  the  human  race  to  hold  an  absolute  property  in,  and 
an  unbounded  power  over  others,  marked  out  by  his  infinite 
goodness  and  wisdom,  as  the  objects  of  a  legal  domination 
never  rightfully  resistible,  however  severe  and  oppressive, 
the  inhabitants  of  these  colonies  might  at  least  require  from 
the  parliament  of  Great-Britain  some  evidence,  that  this 
dreadful  authority  over  them,  has  been  granted  to  that 
body.  But  a  reverence  for  our  great  Creator,  principles  of 
humanity,  and  the  dictates  of  common  sense,  must  convince 
all  those  who  reflect  upon  the  subject,  that  government  was 
instituted  to  promote  the  welfare  of  mankind,  and  ought  to 
be  administered  for  the  attainment  of  that  end.  The  legis 
lature  of  Great-Britain,  however,  stimulated  by  an  inor 
dinate  passion  for  a  power  not  only  unjustifiable,  but  which 
they  know  to  be  peculiarly  reprobated  by  the  very  constitu 
tion  of  that  kingdom,  and  desperate  of  success  in  any  mode 
of  contest,  where  regard  should  be  had  to  truth,  law,  or 
right,  have  at  length,  deserting  those,  attempted  to  effect 
their  cruel  and  impolitic  purpose  of  enslaving  these  colonies 
by  violence,  and  have  thereby  rendered  it  necessary  for  us 
to  close  with  their  last  appeal  from  reason  to  arms. — Yet, 
however  blinded  that  assembly  may  be,  by  their  intemperate 

43 


NATIONAL     DOCUMENTS 

rage  for  unlimited  domination,  so  to  slight  justice  and  the 
opinion  of  mankind,  we  esteem  ourselves  bound  by  obliga 
tions  of  respect  to  the  rest  of  the  world,  to  make  known 
the  justice  of  our  cause. 

Our  forefathers,  inhabitants  of  the  island  of  Great- 
Britain,  left  their  native  land,  to  seek  on  these  shores  a  resi 
dence  for  civil  and  religious  freedom.  At  the  expense  of 
their  blood,  at  the  hazard  of  their  fortunes,  without  the  least 
charge  to  the  country  from  which  they  removed,  by  unceas 
ing  labour,  and  an  unconquerable  spirit,  they  effected  settle 
ments  in  the  distant  and  inhospitable  wilds  of  America, 
then  filled  with  numerous  and  warlike  nations  of  barbarians. 
Societies  or  governments,  vested  with  perfect  legislatures, 
were  formed  under  charters  from  the  crown,  and  an  har 
monious  intercourse  was  established  between  the  colonies 
and  the  kingdom  from  which  they  derived  their  origin. 
The  mutual  benefits  of  this  union  became  in  a  short  time  so 
extraordinary,  as  to  excite  astonishment.  It  is  universally 
confessed,  that  the  amazing  increase  of  the  wealth, 
strength,  and  navigation  of  the  realm,  arose  from  this 
source;  and  the  minister,  who  so  wisely  and  successfully 
directed  the  measures  of  Great-Britain  in  the  late  war, 
publicly  declared,  that  these  colonies  enabled  her  to  triumph 
over  her  enemies. — Towards  the  conclusion  of  that  war, 
it  pleased  our  sovereign  to  make  a  change  in  his  counsels. — 
From  that  fatal  moment,  the  affairs  of  the  British  empire 
began  to  fall  into  confusion,  and  gradually  sliding  from  the 
summit  of  glorious  prosperity,  to  which  they  had  been  ad 
vanced  by  the  virtues  and  abilities  of  one  man,  are  at  length 
distracted  by  the  convulsions,  that  now  shake  it  to  its  deep 
est  foundations.  The  new  ministry  finding  the  brave  foes 
of  Britain,  though  frequently  defeated,  yet  still  contending, 
took  up  the  unfortunate  idea  of  granting  them  a  hasty 
peace,  and  of  then  subduing  her  faithful  friends. 

44 


NATIONAL     DOCUMENTS 

These  devoted  colonies  were  judged  to  be  in  such  a  state, 
as  to  present  victories  without  bloodshed,  and  all  the  easy 
emoluments  of  statuteable  plunder. — The  uninterrupted 
tenor  of  their  peaceable  and  respectful  behaviour  from  the 
beginning  of  colonization,  their  dutiful,  zealous,  and 
useful  services  during  the  war,  though  so  recently  and 
amply  acknowleged  in  the  most  honourable  manner  by  his 
majesty,  by  the  late  king,  and  by  parliament,  could  not  save 
them  from  the  meditated  innovations. — Parliament  was 
influenced  to  adopt  the  pernicious  project,  and  assuming 
a  new  power  over  them,  have  in  the  course  of  eleven  years, 
given  such  decisive  specimens  of  the  spirit  and  consequences 
attending  this  power,  as  to  leave  no  doubt  concerning  the 
effects  of  acquiescence  under  it.  They  have  undertaken  to 
give  and  grant  our  money  without  our  consent,  though  we 
have  ever  exercised  an  exclusive  right  to  dispose  of  our  own 
property;  statutes  have  been  passed  for  extending  the  juris 
diction  of  courts  of  admiralty  and  vice-admiralty  beyond 
their  ancient  limits ;  for  depriving  us  of  the  accustomed  and 
inestimable  privilege  of  trial  by  jury,  in  cases  affecting 
both  life  and  property;  for  suspending  the  legislature  of 
one  of  the  colonies;  for  interdicting  all  commerce  to  the 
capital  of  another;  and  for  altering  fundamentally  the 
form  of  government  established  by  charter,  and  secured  by 
acts  of  its  own  legislature  solemnly  confirmed  by  the  crown ; 
for  exempting  the  "  murderers  "  of  colonists  from  legal 
trial,  and  in  effect,  from  punishment;  for  erecting  in  a 
neighbouring  province,  acquired  by  the  joint  arms  of  Great- 
Britain  and  America,  a  despotism  dangerous  to  our  very  exist 
ence;  and  for  quartering  soldiers  upon  the  colonists  in  time 
of  profound  peace.  It  has  also  been  resolved  in  parliament, 
that  colonists  charged  with  committing  certain  offences, 
shall  be  transported  to  England  to  be  tried. 

But  why  should  we  enumerate  our  injuries  in  detail?  By 

45 


NATIONAL     DOCUMENTS 

one  statute  it  is  declared,  that  parliament  can  "  of  right 
make  laws  to  bind  us  in  all  cases  whatsoever."  What  is  to 
defend  us  against  so  enormous,  so  unlimited  a  power  ?  Not 
a  single  man  of  those  who  assume  it,  is  chosen  by  us;  or  is 
subject  to  our  controul  or  influence;  but,  on  the  contrary, 
they  are  all  of  them  exempt  from  the  operation  of  such 
laws,  and  an  American  revenue,  if  not  diverted  from  the 
ostensible  purposes  for  which  it  is  raised,  would  actually 
lighten  their  own  burdens  in  proportion,  as  they  increase 
ours.  We  saw  the  misery  to  which  such  despotism  would 
reduce  us.  We  for  ten  years  incessantly  and  ineffectually 
besieged  the  throne  as  supplicants ;  we  reasoned,  we  remon 
strated  with  parliament,  in  the  most  mild  and  decent  lan 
guage. 

Administration,  sensible  that  we  should  regard  these 
oppressive  measures  as  freemen  ought  to  do,  sent  over  fleets 
and  armies  to  enforce  them.  The  indignation  of  the  Amer 
icans  was  roused,  it  is  true ;  but  it  was  the  indignation  of  a 
virtuous,  loyal,  and  affectionate  people.  A  Congress  of 
delegates  from  the  United  Colonies  was  assembled  at  Phila 
delphia,  on  the  fifth  day  of  last  September.  We  resolved 
again  to  offer  an  humble  and  dutiful  petition  to  the  king, 
and  also  addressed  our  fellow-subjects  of  Great-Britain. 
We  have  pursued  every  temperate,  every  respectful  meas 
ure:  we  have  even  proceeded  to  break  off  our  commercial 
intercourse  with  our  fellow-subjects,  as  the  last  peaceable 
admonition,  that  our  attachment  to  no  nation  upon  earth 
should  supplant  our  attachment  to  liberty. — This,  we  flat 
tered  ourselves,  was  the  ultimate  step  of  the  controversy: 
but  subsequent  events  have  shewn,  how  vain  was  this  hope 
of  finding  moderation  in  our  enemies. 

Several  threatening  expressions  against  the  colonies  were 
inserted  in  his  majesty's  speech;  our  petition,  though  we 
were  told  that  it  was  a  decent  one,  and  that  his  majesty  had 

46 


NATIONAL     DOCUMENTS 

been  pleased  to  receive  it  graciously,  and  to  promise  laying 
it  before  his  parliament,  was  huddled  into  both  houses 
among  a  bundle  of  American  papers,  and  there  neglected. 
The  lords  and  commons  in  their  address,  in  the  month  of 
February,  said,  that  "  a  rebellion  at  that  time  actually 
existed  within  the  province  of  Massachusetts-Bay;  and 
that  those  concerned  in  it,  had  been  countenanced  and 
encouraged  by  unlawful  combinations  and  engagements, 
entered  into  by  his  majesty's  subjects  in  several  of  the 
other  colonies;  and  therefore  they  besought  his  majesty, 
that  he  would  take  the  most  effectual  measures  to  enforce 
due  obedience  to  the  laws  and  authority  of  the  supreme 
legislature."  Soon  after,  the  commercial  intercourse  of 
whole  colonies,  with  foreign  countries,  and  with  each  other, 
was  cut  off  by  an  act  of  parliament;  by  another,  several  of 
them  were  entirely  prohibited  from  the  fisheries  in  the  seas 
near  their  coasts,  on  which  they  always  depended  for  their 
sustenance;  and  large  reinforcements  of  ships  and  troops 
were  immediately  sent  over  to  general  Gage. 

Fruitless  were  all  the  entreaties,  arguments,  and  elo 
quence  of  an  illustrious  band  of  the  most  distinguished 
peers,  and  commoners,  who  nobly  and  strenuously  asserted 
the  justice  of  our  cause,  to  stay,  or  even  to  mitigate  the 
heedless  fury  with  which  these  accumulated  and  unexampled 
outrages  were  hurried  on. — Equally  fruitless  was  the  inter 
ference  of  the  city  of  London,  of  Bristol,  and  many  other 
respectable  towns  in  our  favor.  Parliament  adopted  an 
insidious  manoeuvre  calculated  to  divide  us,  to  establish  a 
perpetual  auction  of  taxations  where  colony  should  bid 
against  colony,  all  of  them  uninformed  what  ransom  would 
redeem  their  lives ;  and  thus  to  extort  from  us,  at  the  point 
of  the  bayonet,  the  unknown  sums  that  should  be  sufficient 
to  gratify,  if  possible  to  gratify,  ministerial  rapacity,  with 
the  miserable  indulgence  left  to  us  of  raising,  in  our  own 

47 


NATIONAL     DOCUMENTS 

mode,  the  prescribed  tribute.  What  terms  more  rigid  and 
humiliating  could  have  been  dictated  by  remorseless  victors 
to  conquered  enemies?  in  our  circumstances  to  accept  them, 
would  be  to  deserve  them. 

Soon  after  the  intelligence  of  these  proceedings  arrived 
on  this  continent,  general  Gage,  who  in  the  course  of  the 
last  year  had  taken  possession  of  the  town  of  Boston,  in  the 
province  of  Massachusetts-Bay,  and  still  occupied  it  as  a 
garrison,  on  the  19th  day  of  April,  sent  out  from  that  place 
a  large  detachment  of  his  army,  who  made  an  unprovoked 
assault  on  the  inhabitants  of  the  said  province,  at  the  town 
of  Lexington,  as  appears  by  the  affidavits  of  a  great  num 
ber  of  persons,  some  of  whom  were  officers  and  soldiers  of 
that  detachment,  murdered  eight  of  the  inhabitants,  and 
wounded  many  others.  From  thence  the  troops  proceeded 
in  warlike  array  to  the  town  of  Concord,  where  they  set 
upon  another  party  of  the  inhabitants  of  the  same  province, 
killing  several  and  wounding  more,  until  compelled  to 
retreat  by  the  country  people  suddenly  assembled  to  repel 
this  cruel  aggression.  Hostilities,  thus  commenced  by  the 
British  troops,  have  been  since  prosecuted  by  them  without 
regard  to  faith  or  reputation. — The  inhabitants  of  Boston 
being  confined  within  that  town  by  the  general  their  gov 
ernor,  and  having,  in  order  to  procure  their  dismission, 
entered  into  a  treaty  with  him,  it  was  stipulated  that  the 
said  inhabitants  having  deposited  their  arms  with  their  own 
magistrates,  should  have  liberty  to  depart,  taking  with  them 
their  other  effects.  They  accordingly  delivered  up  their 
arms,  but  in  open  violation  of  honour,  in  defiance  of  the 
obligation  of  treaties,  which  even  savage  nations  esteemed 
sacred,  the  governor  ordered  the  arms  deposited  as  afore 
said,  that  they  might  be  preserved  for  their  owners,  to  be 
seized  by  a  body  of  soldiers;  detained  the  greatest  part  of 
the  inhabitants  in  the  town,  and  compelled  the  few  who 

48 


NATIONAL     DOCUMENTS 

were  permitted  to  retire,  to  leave  their  most  valuable  effects 
behind. 

By  this  perfidy  wives  are  separated  from  their  husbands, 
children  from  their  parents,  the  aged  and  the  sick  from 
their  relations  and  friends,  who  wish  to  attend  and  comfort 
them;  and  those  who  have  been  used  to  live  in  plenty  and 
even  elegance,  are  reduced  to  deplorable  distress. 

The  general,  further  emulating  his  ministerial  masters, 
by  a  proclamation  bearing  date  on  the  12th  day  of  June, 
after  venting  the  grossest  falsehoods  and  calumnies  against 
the  good  people  of  these  colonies,  proceeds  to  "  declare 
them  all,  either  by  name  or  description,  to  be  rebels  and 
traitors,  to  supersede  the  course  of  the  common  law,  and 
instead  thereof  to  publish  and  order  the  use  and  exercise  of 
the  law  martial." — His  troops  have  butchered  our  country 
men,  have  wantonly  burnt  Charlestown,  besides  a  consider 
able  number  of  houses  in  other  places ;  our  ships  and  vessels 
are  seized;  the  necessary  supplies  of  provisions  are  inter 
cepted,  and  he  is  exerting  his  utmost  power  to  spread 
destruction  and  devastation  around  him. 

We  have  received  certain  intelligence,  that  general  Carle- 
ton,  the  governor  of  Canada,  is  instigating  the  people  of 
that  province  and  the  Indians  to  fall  upon  us ;  and  we  have 
but  too  much  reason  to  apprehend,  that  schemes  have  been 
formed  to  excite  domestic  enemies  against  us.  In  brief,  a 
part  of  these  colonies  now  feel,  and  all  of  them  are  sure 
of  feeling,  as  far  as  the  vengeance  of  administration  can 
inflict  them,  the  complicated  calamities  of  fire,  sword,  and 
famine.  We  are  reduced  to  the  alternative  of  chusing  an 
unconditional  submission  to  the  tyranny  of  irritated  minis 
ters,  or  resistance  by  force. — The  latter  is  our  choice. — We 
have  counted  the  cost  of  this  contest,  and  find  nothing  so 
dreadful  as  voluntary  slavery.  —  Honour,  justice,  and 
humanity,  forbid  us  tamely  to  surrender  that  freedom  which 

49 


NATIONAL     DOCUMENTS 

we  received  from  our  gallant  ancestors,  and  which  our  inno 
cent  posterity  have  a  right  to  receive  from  us.  We  cannot 
endure  the  infamy  and  guilt  of  resigning  succeeding  gener 
ations  to  that  wretchedness  which  inevitably  awaits  them, 
if  we  basely  entail  hereditary  bondage  upon  them. 

Our  cause  is  just.  Our  union  is  perfect.  Our  internal 
resources  are  great,  and,  if  necessary,  foreign  assistance  is 
undoubtedly  attainable.  We  gratefully  acknowledge,  as 
signal  instances  of  the  Divine  favor  towards  us,  that  his 
Providence  would  not  permit  us  to  be  called  into  this 
severe  controversy,  until  we  were  grown  up  to  our  present 
strength,  had  been  previously  exercised  in  warlike  operation, 
and  possessed  of  the  means  of  defending  ourselves.  With 
hearts  fortified  with  these  animating  reflections,  we  most 
solemnly,  before  God  and  the  world,  declare,  that,  exert 
ing  the  utmost  energy  of  those  powers,  which  our  benefi 
cent  Creator  hath  graciously  bestowed  upon  us,  the  arms  we 
have  been  compelled  by  our  enemies  to  assume,  we  will,  in 
defiance  of  every  hazard,  with  unabating  firmness  and  per 
severance,  employ  for  the  preservation  of  our  liberties ;  being 
with  one  mind  resolved  to  die  freemen  rather  than  live 
slaves. 

Lest  this  declaration  should  disquiet  the  minds  of  our 
friends  and  fellow-subjects  in  any  part  of  the  empire,  we 
assure  them  that  we  mean  not  to  dissolve  that  union  which 
has  so  long  and  so  happily  subsisted  between  us,  and  which 
we  sincerely  wish  to  see  restored. — Necessity  has  not  yet 
driven  us  into  that  desperate  measure,  or  induced  us  to 
excite  any  other  nation  to  war  against  them. — We  have  not 
raised  armies  with  ambitious  designs  of  separating  from 
Great-Britain,  and  establishing  independent  states.  We 
fight  not  for  glory  or  for  conquest.  We  exhibit  to  mankind 
the  remarkable  spectacle  of  a  people  attacked  by  unpro 
voked  enemies,  without  any  imputation  or  even  suspicion  of 

50 


NATIONAL     DOCUMENTS 

offence.  They  boast  of  their  privileges  and  civilization,  and 
yet  proffer  no  milder  conditions  than  servitude  or  death. 

In  our  own  native  land,  in  defence  of  the  freedom  that  is 
our  birth-right,  and  which  we  ever  enjoyed  till  the  late 
violation  of  it — for  the  protection  of  our  property,  acquired 
solely  by  the  honest  industry  of  our  fore-fathers  and  our 
selves,  against  violence  actually  offered,  we  have  taken  up 
arms.  We  shall  lay  them  down  when  hostilities  shall  cease 
on  the  part  of  the  aggressors,  and  all  danger  of  their  being 
renewed  shall  be  removed,  and  not  before. 

With  an  humble  confidence  in  the  mercies  of  the  supreme 
and  impartial  Judge  and  Ruler  of  the  Universe,  we  most 
devoutly  implore  his  divine  goodness  to  protect  us  happily 
through  this  great  conflict,  to  dispose  our  adversaries  to 
reconciliation  on  reasonable  terms,  and  thereby  to  relieve 
the  empire  from  the  calamities  of  civil  war. 


51 


The  Declaration  of  Independence    1776 

When  in  the  Course  of  human  events,  it  becomes  necessary 
for  one  people  to  dissolve  the  political  bands  which  have 
connected  them  with  another,  and  to  assume  among  the 
Powers  of  the  earth,  the  separate  and  equal  station  to  which 
the  Laws  of  Nature  and  of  Nature's  God  entitle  them,  a 
decent  respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the 
separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are 
created  equal,  that  they  are  endowed  by  their  Creator  with 
certain  unalienable  Rights,  that  among  these  are  Life, 
Liberty,  and  the  pursuit  of  Happiness.  That  to  secure 
these  rights,  Governments  are  instituted  among  Men,  deriv 
ing  their  just  powers  from  the  consent  of  the  governed, 
That  whenever  any  Form  of  Government  becomes  destruc 
tive  of  these  ends,  it  is  the  Right  of  the  People  to  alter  or 
to  abolish  it,  and  to  institute  new  Government,  laying  its 
foundation  on  such  principles  and  organizing  its  powers  in 
such  form,  as  to  them  shall  seem  most  likely  to  effect  their 
Safety  and  Happiness.  Prudence,  indeed,  will  dictate  that 
Governments  long  established  should  not  be  changed  for 
light  and  transient  causes;  and  accordingly  all  experience 
hath  shown,  that  mankind  are  more  disposed  to  suffer,  while 
evils  are  sufferable,  than  to  right  themselves  by  abolishing 
the  forms  to  which  they  are  accustomed.  But  when  a  long 
train  of  abuses  and  usurpations,  pursuing  invariably  the  same 
Object  evinces  a  design  to  reduce  them  under  absolute  Des 
potism,  it  is  their  right,  it  is  their  duty,  to  throw  off  such 
Government,  and  to  provide  new  Guards  for  their  future 
security. — Such  has  been  the  patient  sufferance  of  these  Col- 

52 


NATIONAL     DOCUMENTS 

onies ;  and  such  is  now  the  necessity  which  constrains  them 
to  alter  their  former  Systems  of  Government.  The  history 
of  the  present  King  of  Great  Britain  is  a  history  of  repeated 
injuries  and  usurpations,  all  having  in  direct  object  the 
establishment  of  an  absolute  Tyranny  over  these  States.  To 
prove  this,  let  Facts  be  submitted  to  a  candid  world. 

He  has  refused  his  Assent  to  Laws,  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  Laws  of  imme 
diate  and  pressing  importance,  unless  suspended  in  their 
operation  till  his  Assent  should  be  obtained;  and  when  so 
suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  Laws  for  the  accommoda 
tion  of  large  districts  of  people,  unless  those  people  would 
relinquish  the  right  of  Representation  in  the  Legislature,  a 
right  inestimable  to  them  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unu 
sual,  uncomfortable,  and  distant  from  the  depository  of 
their  Public  Records,  for  the  sole  purpose  of  fatiguing 
them  into  compliance  with  his  measures. 

He  has  dissolved  Representative  Houses  repeatedly,  for 
opposing  with  manly  firmness  his  invasions  on  the  rights  of 
the  people. 

He  has  refused  for  a  long  time,  after  such  dissolutions, 
to  cause  others  to  be  elected;  whereby  the  Legislative 
Powers,  incapable  of  Annihilation,  have  returned  to  the 
People  at  large  for  their  exercise;  the  State  remaining  in 
the  mean  time  exposed  to  all  the  dangers  of  invasion  from 
without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of  these 
States;  for  that  purpose  obstructing  the  Laws  of  Natural 
ization  of  Foreigners;  refusing  to  pass  others  to  encourage 
their  migration  hither,  and  raising  the  conditions  of  new 
Appropriations  of  Lands. 

53 


NATIONAL     DOCUMENTS 

He  has  obstructed  the  Administration  of  Justice,  by 
refusing  his  Assent  to  Laws  for  establishing  Judiciary 
Powers. 

He  has  made  Judges  dependent  on  his  Will  alone,  for 
the  tenure  of  their  offices,  and  the  amount  and  payment  of 
their  salaries. 

He  has  erected  a  multitude  of  New  Offices,  and  sent 
hither  swarms  of  Officers  to  harass  our  People,  and  eat  out 
their  substance. 

He  has  kept  among  us,  in  times  of  peace,  Standing 
Armies  without  the  Consent  of  our  legislature. 

He  has  affected  to  render  the  Military  independent  of 
and  superior  to  the  Civil  Power. 

He  has  combined  with  others  to  subject  us  to  a  juris 
diction  foreign  to  our  constitution,  and  unacknowledged  by 
our  laws;  giving  his  Assent  to  their  acts  of  pretended 
legislation : 

For  quartering  large  bodies  of  armed  troops  among 
us: 

For  protecting  them,  by  a  mock  Trial,  from  Punishment 
for  any  Murders  which  they  should  commit  on  the  Inhabi 
tants  of  these  States: 

For  cutting  off  our  Trade  with  all  parts  of  the  world: 

For  imposing  taxes  on  us  without  our  Consent: 

For  depriving  us  in  many  cases,  of  the  benefits  of  Trial 
by  Jury: 

For  transporting  us  beyond  Seas  to  be  tried  for  pre 
tended  offences: 

For  abolishing  the  free  System  of  English  Laws  in  a 
neighbouring  Province,  establishing  therein  an  Arbitrary 
government,  and  enlarging  its  Boundaries  so  as  to  render  it 
at  once  an  example  and  fit  instrument  for  introducing  the 
same  absolute  rule  into  these  Colonies : 

For  taking  away  our  Charters,  abolishing  our  most  valu- 

54 


NATIONAL     DOCUMENTS 

able  Laws,  and  altering  fundamentally  the  Forms  of  our 
Governments : 

For  suspending  our  own  Legislature,  and  declaring  them 
selves  invested  with  Power  to  legislate  for  us  in  all  cases 
whatsoever. 

He  has  abdicated  Government  here,  by  declaring  us  out 
of  his  Protection  and  waging  War  against  us. 

He  has  plundered  our  seas,  ravaged  our  Coasts,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  compleat  the  works  of  death,  desolation  and 
tyranny,  already  begun  with  circumstances  of  Cruelty  & 
perfidy  scarcely  paralleled  in  the  most  barbarous  ages,  and 
totally  unworthy  the  Head  of  a  civilized  nation. 

He  has  constrained  our  fellow  Citizens  taken  Captive  on 
the  high  Seas  to  bear  Arms  against  their  Country,  to  become 
the  executioners  of  their  friends  and  Brethren,  or  to  fall 
themselves  by  their  Hands. 

He  has  excited  domestic  insurrections  amongst  us,  and 
has  endeavoured  to  bring  on  the  inhabitants  of  our  frontiers, 
the  merciless  Indian  Savages,  whose  known  rule  of  warfare, 
is  an  undistinguished  destruction  of  all  ages,  sexes  and 
conditions. 

In  every  stage  of  these  Oppressions  We  have  Petitioned 
for  Redress  in  the  most  humble  terms:  Our  repeated  Peti 
tions  have  been  answered  only  by  repeated  injury.  A 
Prince,  whose  character  is  thus  marked  by  every  act  which 
may  define  a  Tyrant,  is  unfit  to  be  the  ruler  of  a  free  People. 

Nor  have  We  been  wanting  in  attention  to  our  British 
brethren.  We  have  warned  them  from  time  to  time  of 
attempts  by  their  legislature  to  extend  an  unwarrantable 
jurisdiction  over  us.  We  have  reminded  them  of  the  cir 
cumstances  of  our  emigration  and  settlement  here.  We  have 
appealed  to  their  native  justice  and  magnanimity,  and  we 

55 


NATIONAL     DOCUMENTS 

have  conjured  them  by  the  ties  of  our  common  kindred  to 
disavow  these  usurpations,  which,  would  inevitably  inter 
rupt  our  connections  and  correspondence.  They  too  have 
been  deaf  to  the  voice  of  justice  and  of  consanguinity.  We 
must,  therefore,  acquiesce  in  the  necessity,  which  denounces 
our  Separation,  and  hold  them,  as  we  hold  the  rest  of  man 
kind,  Enemies  in  War,  in  Peace  Friends. 

We,  therefore,  the  Representatives  of  the  United  States 
of  America,  in  General  Congress,  Assembled,  appealing  to 
the  Supreme  Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do,  in  the  Name,  and  by  Authority  of  the  good 
People  of  these  Colonies,  solemnly  publish  and  declare, 
That  these  United  Colonies  are,  and  of  Right  ought  to  be 
Free  and  Independent  States ;  that  they  are  Absolved  from 
all  Allegiance  to  the  British  Crown,  and  that  all  political 
connection  between  them  and  the  State  of  Great  Britain, 
is  and  ought  to  be  totally  dissolved;  and  that  as  Free  and 
Independent  States,  they  have  full  Power  to  levy  War,  con 
clude  Peace,  contract  Alliances,  establish  Commerce,  and 
to  do  all  other  Acts  and  Things  which  Independent  States 
may  of  right  do.  And  for  the  support  of  this  Declaration, 
with  a  firm  reliance  on  the  Protection  of  Divine  Providence, 
we  mutually  pledge  to  each  other  our  Lives,  our  Fortunes 
and  our  sacred  Honor. 

JOHN  HANCOCK. 

New  Hampshire 

JOSIAH  BARTLETT  MATTHEW  THORNTON 

WM.  WHIPPLE 

Massachusetts  Bay 

SAML.   ADAMS  ROBT.  TREAT  PAINE 

JOHN  ADAMS  ELBRIDGE  GERRY 

56 


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Rhode  Island 
STEP.  HOPKINS  WILLIAM  ELLERY 

Connecticut 

ROGER  SHERMAN  WM.  WILLIAMS 

SAM'EL  HUNTINGTON  OLIVER  WOLCOTT 


New  York 


WM.  FLOYD 
PHIL.  LIVINGSTON 


RICHD.  STOCKTON 

JNO.  WlTHERSPOON 

FRAS.  HOPKINSON 


ROBT.  MORRIS 
BENJAMIN  RUSH 
BENJA.  FRANKLIN 
JOHN  MORTON 
GEO.  CLYMER 


CAESAR  RODNEY 
GEO.  READ 


SAMUEL  CHASE 
WM.  PACA 


FRANS.  LEWIS 
LEWIS  MORRIS 


New  Jersey 


JOHN  HART 
ABRA.  CLARK 


Pennsylvania 


JAS.  SMITH 
GEO.  TAYLOR 
JAMES  WILSON 
GEO.  Ross 


Delaware 

THO.  M'KEAN 

Maryland 

THOS.  STONE 

CHARLES    CARROLL    of    Car- 
rollton 

57 


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Virginia 

GEORGE  WYTHE  THOS.  NELSON,  jr. 

RICHARD  HENRY  LEE  FRANCIS  LIGHTFOOT  LEE 

TH.  JEFFERSON  CARTER  BRAXTON 
BENJA.  HARRISON 

North  Carolina 

WM.  HOOPER  JOHN  PENN 

JOSEPH  HEWES 

South  Carolina 

EDWARD  RUTLEDGE  THOMAS  LYNCH,  junr 

THOS.  HEYWARD,  junr         ARTHUR  MIDDLETON, 

Georgia 

BUTTON  GWINNETT  GEO.  WALTON 

LYMAN  HALL 


58 


Articles  of  Confederation    1777 

To  all  to  whom  these  Presents  shall  come,  we  the  under 
signed  Delegates  of  the  States  affixed  to  our  Names  send 
greeting. 

Whereas  the  Delegates  of  the  United  States  of  America 
in  Congress  assembled  did  on  the  fifteenth  day  of  November 
in  the  year  of  our  Lord  One  Thousand  Seven  Hundred  and 
Seventyseven,  and  in  the  Second  Year  of  the  Independence 
of  America  agree  to  certain  articles  of  Confederation  and 
perpetual  Union  between  the  States  of  Newhampshire, 
Massachusetts-bay,  Rhodeisland  and  Providence  Planta 
tions,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Virginia,  North-Carolina,  South-Carolina  and 
Georgia  in  the  Words  following,  viz. 

"Articles  of  Confederation  and  perpetual  Union  between 
the  States  of  Newhampshire,  Massachusetts-bay,  Rhode- 
island  and  Providence  Plantations,  Connecticut,  New-York, 
New- Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
North-Carolina,  South-Carolina  and  Georgia. 

ARTICLE  I.  The  stile  of  this  confederacy  shall  be  "  The 
United  States  of  America." 

ARTICLE  II.  Each  State  retains  its  sovereignty,  freedom 
and  independence,  and  every  power,  jurisdiction  and  right, 
which  is  not  by  this  confederation  expressly  delegated  to  the 
United  States,  in  Congress  assembled. 

ARTICLE  III.  The  said  States  hereby  severally  enter 
into  a  firm  league  of  friendship  with  each  other,  for  their 
common  defence,  the  security  of  their  liberties,  and  their 
mutual  and  general  welfare,  binding  themselves  to  assist 
each  other,  against  all  force  offered  to,  or  attacks  made  upon 
them,  or  any  of  them,  on  account  of  religion,  sovereignty, 
trade,  or  any  other  pretence  whatever. 

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ARTICLE  IV.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  differ 
ent  States  in  this  Union,  the  free  inhabitants  of  each  of 
these  States,  paupers,  vagabonds  and  fugitives  from  j  ustice 
excepted,  shall  be  entitled  to  all  privileges  and  immunities 
of  free  citizens  in  the  several  States ;  and  the  people  of  each 
State  shall  have  free  ingress  and  regress  to  and  from  any 
other  State,  and  shall  enjoy  therein  all  the  privileges  of 
trade  and  commerce,  subj  ect  to  the  same  duties,  impositions 
and  restrictions  as  the  inhabitants  thereof  respectively,  pro 
vided  that  such  restrictions  shall  not  extend  so  far  as  to 
prevent  the  removal  of  property  imported  into  any  State,  to 
any  other  State  of  which  the  owner  is  an  inhabitant;  pro 
vided  also  that  no  imposition,  duties  or  restriction  shall  be 
laid  by  any  State,  on  the  property  of  the  United  States,  or 
either  of  them. 

If  any  Person  guilty  of,  or  charged  with  treason,  felony, 
or  other  high  misdemeanor  in  any  State,  shall  flee  from 
justice,  and  be  found  in  any  of  the  United  States,  he  shall 
upon  demand  of  the  Governor  or  Executive  power,  of  the 
State  from  which  he  fled,  be  delivered  up  and  removed  to  the 
State  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  States 
to  the  records,  acts  and  judicial  proceedings  of  the  courts 
and  magistrates  of  every  other  State. 

ARTICLE  V.  For  the  more  convenient  management  of  the 
general  interest  of  the  United  States,  delegates  shall  be 
annually  appointed  in  such  manner  as  the  legislature  of 
each  State  shall  direct,  to  meet  in  Congress  on  the  first 
Monday  in  November,  in  every  year,  with  a  power  reserved 
to  each  State,  to  recall  its  delegates,  or  any  of  them,  at  any 
time  within  the  year,  and  to  send  others  in  their  stead,  for 
the  remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than 

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two,  nor  by  more  than  seven  members;  and  no  person  shall 
be  capable  of  being  a  delegate  for  more  than  three  years  in 
any  term  of  six  years;  nor  shall  any  person,  being  a  dele 
gate,  be  capable  of  holding  any  office  under  the  United 
States,  for  which  he,  or  another  for  his  benefit  receives  any 
salary,  fees  or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  a  meeting 
of  the  States,  and  while  they  act  as  members  of  the  com 
mittee  of  the  States. 

In  determining  questions  in  the  United  States,  in  Con 
gress  assembled,  each  State  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall  not  be 
impeached  or  questioned  in  any  court,  or  place  out  of  Con 
gress,  and  the  members  of  Congress  shall  be  protected  in 
their  persons  from  arrests  and  imprisonments,  during  the 
time  of  their  going  to  and  from,  and  attendance  on  Con 
gress,  except  for  treason,  felony,  or  breach  of  the  peace. 

ARTICLE  VI.  No  State  without  the  consent  of  the  United 
States  in  Congress  assembled,  shall  send  any  embassy  to, 
or  receive  any  embassy  from,  or  enter  into  any  conference, 
agreement,  alliance  or  treaty  with  any  king,  prince  or  state ; 
nor  shall  any  person  holding  any  office  of  profit  or  trust 
under  the  United  States,  or  any  of  them,  accept  of  any 
present,  emolument,  office  or  title  of  any  kind  whatever  from 
any  king,  prince  or  foreign  state;  nor  shall  the  United 
States  in  Congress  assembled,  or  any  of  them,  grant  any 
title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  con 
federation  or  alliance  whatever  between  them,  without  the 
consent  of  the  United  States  in  Congress  assembled,  speci 
fying  accurately  the  purposes  for  which  the  same  is  to  be 
entered  into,  and  how  long  it  shall  continue. 

No  State  shall  lay  any  imposts  or  duties,  which  may  inter 
fere  with  any  stipulations  in  treaties,  entered  into  by  the 

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United  States  in  Congress  assembled,  with  any  king,  prince 
or  state,  in  pursuance  of  any  treaties  already  proposed  by 
Congress,  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by 
any  State,  except  such  number  only,  as  shall  be  deemed 
necessary  by  the  United  States  in  Congress  assembled,  for 
the  defence  of  such  State,  or  its  trade;  nor  shall  any  body 
of  forces  be  kept  up  by  any  State,  in  time  of  peace,  except 
such  number  only,  as  in  the  judgment  of  the  United  States, 
in  Congress  assembled,  shall  be  deemed  requisite  to  garrison 
the  forts  necessary  for  the  defence  of  such  State ;  but  every 
State  shall  always  keep  up  a  well  regulated  and  disciplined 
militia,  sufficiently  armed  and  accoutered,  and  shall  provide 
and  constantly  have  ready  for  use,  in  public  stores,  a  due 
number  of  field  pieces  and  tents,  and  a  proper  quantity  of 
arms,  ammunition  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of 
the  United  States  in  Congress  assembled,  unless  such  State 
be  actually  invaded  by  enemies,  or  shall  have  received  cer 
tain  advice  of  a  resolution  being  formed  by  some  nation  of 
Indians  to  invade  such  State,  and  the  danger  is  so  imminent 
as  not  to  admit  of  a  delay,  till  the  United  States  in  Congress 
assembled  can  be  consulted :  nor  shall  any  State  grant  com 
missions  to  any  ships  or  vessels  of  war,  nor  letters  of  marque 
or  reprisal,  except  it  be  after  a  declaration  of  war  by  the 
United  States  in  Congress  assembled,  and  then  only  against 
the  kingdom  or  state  and  the  subjects  thereof,  against  which 
war  has  been  so  declared,  and  under  such  regulations  as  shall 
be  established  by  the  United  States  in  Congress  assembled, 
unless  such  State  be  infested  by  pirates,  in  which  case 
vessels  of  war  may  be  fitted  out  for  that  occasion,  and  kept 
so  long  as  the  danger  shall  continue,  or  until  the  United 
States  in  Congress  assembled  shall  determine  otherwise. 

ARTICLE  VII.  When  land-forces  are  raised  by  any  State 

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for  the  common  defence,  all  officers  of  or  under  the  rank  of 
colonel,  shall  be  appointed  by  the  Legislature  of  each  State 
respectively  by  whom  such  forces  shall  be  raised,  or  in  such 
manner  as  such  State  shall  direct,  and  all  vacancies  shall  be 
filled  up  by  the  State  which  first  made  the  appointment. 

ARTICLE  VIII.  All  charges  of  war,  and  all  other 
expenses  that  shall  be  incurred  for  the  common  defence  or 
general  welfare,  and  allowed  by  the  United  States  in  Con 
gress  assembled,  shall  be  defrayed  out  of  a  common  treas 
ury,  which  shall  be  supplied  by  the  several  States,  in  pro 
portion  to  the  value  of  all  land  within  each  State,  granted 
to  or  surveyed  for  any  person,  as  such  land  and  the  build 
ings  and  improvements  thereon  shall  be  estimated  accord 
ing  to  such  mode  as  the  United  States  in  Congress  assem 
bled,  shall  from  time  to  time  direct  and  appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid  and 
levied  by  the  authority  and  direction  of  the  Legislatures  of 
the  several  States  within  the  time  agreed  upon  by  the  United 
States  in  Congress  assembled. 

ARTICLE  IX.  The  United  States  in  Congress  assembled, 
shall  have  the  sole  and  exclusive  right  and  power  of  deter 
mining  on  peace  and  war,  except  in  the  cases  mentioned  in 
the  sixth  article — of  sending  and  receiving  ambassadors — 
entering  into  treaties  and  alliances,  provided  that  no  treaty 
of  commerce  shall  be  made  whereby  the  legislative  power 
of  the  respective  States  shall  be  restrained  from  imposing 
such  imposts  and  duties  on  foreigners,  as  their  own  people 
are  subjected  to,  or  from  prohibiting  the  exportation  or 
importation  of  any  species  of  goods  or  commodities  what- 
soever — Of  establishing  rules  for  deciding  in  all  cases,  what 
captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the 
United  States  shall  be  divided  or  appropriated — of  granting 
letters  of  marque  and  reprisal  in  times  of  peace — appointing 

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courts  for  the  trial  of  piracies  and  felonies  committed  on 
the  high  seas  and  establishing  courts  for  receiving  and 
determining  finally  appeals  in  all  cases  of  captures,  pro 
vided  that  no  member  of  Congress  shall  be  appointed  a 
judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be 
the  last  resort  on  appeal  in  all  disputes  and  differences  now 
subsisting  or  that  hereafter  may  arise  between  two  or  more 
States  concerning  boundary,  jurisdiction  or  any  other  cause 
whatever;  which  authority  shall  always  be  exercised  in  the 
manner  following.  Whenever  the  legislative  or  executive 
authority  or  lawful  agent  of  any  State  in  controversy 
with  another  shall  present  a  petition  to  Congress, 
stating  the  matter  in  question  and  praying  for  a  hearing, 
notice  thereof  shall  be  given  by  order  of  Congress  to  the 
legislative  or  executive  authority  of  the  other  State  in  con 
troversy,  and  a  day  assigned  for  the  appearance  of  the 
parties  by  their  lawful  agents,  who  shall  then  be  directed  to 
appoint  by  joint  consent,  commissioners  or  judges  to  con 
stitute  a  court  for  hearing  and  determining  the  matter  in 
question:  but  if  they  cannot  agree,  Congress  shall  name 
three  persons  out  of  each  of  the  United  States,  and  from 
the  list  of  such  persons  each  party  shall  alternately  strike 
out  one,  the  petitioners  beginning,  until  the  number  shall 
be  reduced  to  thirteen ;  and  from  that  number  not  less  than 
seven,  nor  more  than  nine  names  as  Congress  shall  direct, 
shall  in  the  presence  of  Congress  be  drawn  out  by  lot,  and 
the  persons  whose  names  shall  be  so  drawn  or  any  five  of 
them,  shall  be  commissioners  or  judges,  to  hear  and  finally 
determine  the  controversy,  so  always  as  a  major  part  of  the 
judges  who  shall  hear  the  cause  shall  agree  in  the  deter 
mination:  and  if  either  party  shall  neglect  to  attend  at  the 
day  appointed,  without  showing  reasons,  which  Congress 
shall  j  udge  sufficient,  or  being  present  shall  refuse  to  strike, 

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NATIONAL     DOCUMENTS 

the  Congress  shall  proceed  to  nominate  three  persons  out 
of  each  State,  and  the  Secretary  of  Congress  shall  strike 
in  behalf  of  such  party  absent  or  refusing;  and  the  judg 
ment  and  sentence  of  the  court  to  be  appointed,  in  the 
manner  before  prescribed,  shall  be  final  and  conclusive; 
and  if  any  of  the  parties  shall  refuse  to  submit  to  the 
authority  of  such  court,  or  to  appear  or  defend  their  claim 
or  cause,  the  court  shall  nevertheless  proceed  to  pronounce 
sentence,  or  judgment,  which  shall  in  like  manner  be  final 
and  decisive,  the  judgment  or  sentence  and  other  pro 
ceedings  being  in  either  case  transmitted  to  Congress,  and 
lodged  among  the  acts  of  Congress  for  the  security  of  the 
parties  concerned :  provided  that  every  commissioner,  before 
he  sits  in  j  udgment,  shall  take  an  oath  to  be  administered  by 
one  of  the  judges  of  the  supreme  or  superior  court  of  the 
State,  where  the  cause  shall  be  tried,  "  well  and  truly  to 
hear  and  determine  the  matter  in  question,  according  to  the 
best  of  his  judgment,  without  favour,  affection  or  hope  of 
reward:"  provided  also  that  no  State  shall  be  deprived  of 
territory  for  the  benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil 
claimed  under  different  grants  of  two  or  more  States,  whose 
jurisdiction  as  they  may  respect  such  lands,  and  the  States 
which  passed  such  grants  are  adjusted,  the  said  grants  or 
either  of  them  being  at  the  same  time  claimed  to  have  orig 
inated  antecedent  to  such  settlement  of  jurisdiction,  shall 
on  the  petition  of  either  party  to  the  Congress  of  the  United 
States,  be  finally  determined  as  near  as  may  be  in  the  same 
manner  as  is  before  prescribed  for  deciding  disputes 
respecting  territorial  jurisdiction  between  different  States. 

The  United  States  in  Congress  assembled  shall  also  have 
the  sole  and  exclusive  right  and  power  of  regulating  the 
alloy  and  value  of  coin  struck  by  their  own  authority,  or 
by  that  of  the  respective  States — fixing  the  standard  of 

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NATIONAL     DOCUMENTS 

weights  and  measures  throughout  the  United  States — regu 
lating  the  trade  and  managing  all  affairs  with  the  Indians, 
not  members  of  any  of  the  States,  provided  that  the  legis 
lative  right  of  any  State  within  its  own  limits  be  not 
infringed  or  violated — establishing  and  regulating  post- 
offices  from  one  State  to  another,  throughout  all  the  United 
States,  and  exacting  such  postage  on  the  papers  passing 
thro'  the  same  as  may  be  requisite  to  defray  the  expenses 
of  the  said  office — appointing  all  officers  of  the  land  forces, 
in  the  service  of  the  United  States,  excepting  regimental 
officers — appointing  all  the  officers  of  the  naval  forces,  and 
commissioning  all  officers  whatever  in  the  service  of  the 
United  States — making  rules  for  the  government  and  regu 
lation  of  the  said  land  and  naval  forces,  and  directing  their 
operations. 

The  United  States  in  Congress  assembled  shall  have 
authority  to  appoint  a  committee,  to  sit  in  the  recess  of  Con 
gress,  to  be  denominated  "  a  Committee  of  the  States," 
and  to  consist  of  one  delegate  from  each  State;  and  to 
appoint  such  other  committees  and  civil  officers  as  may  be 
necessary  for  managing  the  general  affairs  of  the  United 
States  under  their  direction — to  appoint  one  of  their  number 
to  preside,  provided  that  no  person  be  allowed  to  serve  in 
the  office  of  president  more  than  one  year  in  any  term  of 
three  years;  to  ascertain  the  necessary  sums  of  money  to 
be  raised  for  the  service  of  the  United  States,  and  to  appro 
priate  and  apply  the  same  for  defraying  the  public  expenses 
— to  borrow  money,  or  emit  bills  on  the  credit  of  the 
United  States,  transmitting  every  half  year  to  the  respec 
tive  States  an  account  of  the  sums  of  money  so  borrowed  or 
emitted, — to  build  and  equip  a  navy — to  agree  upon  the 
number  of  land  forces,  and  to  make  requisitions  from  each 
State  for  its,  quota,  in  proportion  to  the  number  of  white 
inhabitants  in  such  State;  which  requisition  shall  be  bind- 

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ing,  and  thereupon  the  Legislature  of  each  State  shall 
appoint  the  regimental  officers,  raise  the  men  and  cloath, 
arm  and  equip  them  in  a  soldier  like  manner,  at  the  expense 
of  the  United  States;  and  the  officers  and  men  so  cloathed, 
armed  and  equipped  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States  in  Congress 
assembled:  but  if  the  United  States  in  Congress  assembled 
shall,  on  consideration  of  circumstances  judge  proper  that 
any  State  should  not  raise  men,  or  should  raise  a  smaller 
number  than  its  quota,  and  that  any  other  State  should  raise 
a  greater  number  of  men  than  the  quota  thereof,  such  extra 
number  shall  be  raised,  officered,  cloathed,  armed  and 
equipped  in  the  same  as  the  quota  of  such  State,  unless  the 
legislature  of  such  State  shall  judge  that  such  extra  number 
cannot  be  safely  spared  outside  of  the  same,  in  which  case 
they  shall  raise,  officer,  cloath,  arm  and  equip  as  many  of 
such  extra  number  as  they  judge  can  be  safely  spared. 
And  the  officers  and  men  so  cloathed,  armed  and  equipped, 
shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  nevei 
engage  in  a  war,  nor  grant  letters  of  marque  and  reprisal  in 
time  of  peace,  nor  enter  into  any  treaties  or  alliances,  nor 
coin  money,  nor  regulate  the  value  thereof,  nor  ascertain 
the  sums  and  expenses  necessary  for  the  defence  and  wel 
fare  of  the  United  States,  or  any  of  them,  nor  emit  bills, 
nor  borrow  money  on  the  credit  of  the  United  States,  nor 
appropriate  money,  nor  agree  upon  the  number  of  vessels 
of  war,  to  be  built  or  purchased,  or  the  number  of  land  or 
sea  forces  to  be  raised,  nor  appoint  a  commander  in  chief  of 
the  army  or  navy,  unless  nine  States  assent  to  the  same:  nor 
shall  a  question  on  any  other  point,  except  for  adjourning 
from  day  to  day  be  determined,  unless  by  the  votes  of  a 
majority  of  the  United  States  in  Congress  assembled. 

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The  Congress  of  the  United  States  shall  have  power  to 
adj  ourn  to  any  time  within  the  year,  and  to  any  place  within 
the  United  States,  so  that  no  period  of  adjournment  be  for 
a  longer  duration  than  the  space  of  six  months,  and  shall 
publish  the  journal  of  their  proceedings  monthly,  except 
such  parts  thereof  relating  to  treaties,  alliances  or  military 
operations,  as  in  their  judgment  require  secresy;  and  the 
yeas  and  nays  of  the  delegates  of  each  State  on  any  ques 
tion  shall  be  entered  on  the  journal,  when  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  State,  or  any  of  them, 
at  his  or  their  request  shall  be  furnished  with  a  transcript 
of  the  said  journal,  except  such  parts  as  are  above  excepted, 
to  lay  before  the  Legislatures  of  the  several  States. 

ARTICLE  X.  The  committee  of  the  States,  or  any  nine  of 
them,  shall  be  authorized  to  execute,  in  the  recess  of  Con 
gress,  such  of  the  powers  of  Congress  as  the  United  States 
in  Congress  assembled,  by  the  consent  of  nine  States,  shall 
from  time  to  time  think  expedient  to  vest  them  with;  pro 
vided  that  no  power  be  delegated  to  the  said  committee, 
for  the  exercise  of  which,  by  the  articles  of  confederation, 
the  voice  of  nine  States  in  the  Congress  of  the  United  States 
assembled  is  requisite. 

ARTICLE  XI.  Canada  acceding  to  this  confederation,  and 
joining  in  the  measures  of  the  United  States,  shall  be 
admitted  into,  and  entitled  to  all  the  advantages  of  this 
Union :  but  no  other  colony  shall  be  admitted  into  the  same, 
unless  such  admission  be  agreed  to  by  nine  States. 

ARTICLE  XII.  All  bills  of  credit  emitted,  monies  bor 
rowed  and  debts  contracted  by,  or  under  the  authority  of 
Congress,  before  the  assembling  of  the  United  States,  in 
pursuance  of  the  present  confederation,  shall  be  deemed 
and  considered  as  a  charge  against  the  United  States,  for 
payment  and  satisfaction  whereof  the  said  United  States, 
and  the  public  faith  are  hereby  solemnly  pledged. 

68 


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ARTICLE  XIII.  Every  State  shall  abide  by  the  deter 
minations  of  the  United  States  in  Congress  assembled,  on 
all  questions  which  by  this  confederation  are  submitted  to 
them.  And  the  articles  of  this  confederation  shall  be  invio 
lably  observed  by  every  State,  and  the  Union  shall  be 
perpetual;  nor  shall  any  alteration  at  any  time  hereafter 
be  made  in  any  of  them;  unless  such  alteration  be  agreed 
to  in  a  Congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  Legislatures  of  every  State. 

And  whereas  it  hath  pleased  the  Great  Governor  of  the 
World  to  incline  the  hearts  of  the  Legislatures  we  respec 
tively  represent  in  Congress,  to  approve  of,  and  to  authorize 
us  to  ratify  the  said  articles  of  confederation  and  perpetual 
union.  Know  ye  that  we  the  undersigned  delegates,  by 
virtue  of  the  power  and  authority  to  us  given  for  that  pur 
pose,  do  by  these  presents,  in  the  name  and  in  behalf  of  our 
respective  constituents,  fully  and  entirely  ratify  and  confirm 
each  and  every  of  the  said  articles  of  confederation  and 
perpetual  union,  and  all  and  singular  the  matters  and  things 
therein  contained:  and  we  do  further  solemnly  plight  and 
engage  the  faith  of  our  respective  constituents,  that  they 
shall  abide  by  the  determinations  of  the  United  States  in 
Congress  assembled,  on  all  questions,  which  by  the  said  con 
federation  are  submitted  to  them.  And  that  the  articles 
thereof  shall  be  inviolably  observed  by  the  States  we 
respectively  represent,  and  that  the  Union  shall  be  perpetual. 

In  witness  whereof  we  have  hereunto  set  our  hands  in 
Congress.  Done  at  Philadelphia  in  the  State  of  Pennsyl 
vania  the  ninth  day  of  July  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  seventy-eight,  and  in  the  third 
year  of  the  independence  of  America. 

On  the  part  $  behalf  of  the  State  of  New  Hampshire 
JOSIAH  BARTLETT  JOHN  WENTWORTH,  Junr 

August  8th,  1778 
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On  the  part  and  behalf  of  the  State  of  Massachusetts  Bay 

JOHN  HANCOCK  FRANCIS  DANA 

SAMUEL  ADAMS  JAMES  LOVELL 

ELBRIDGE  GERRY  SAMUEL  HOLTEN 

On  the  part  and  behalf  of  the  State  of  Rhode  Island  and 
Providence  Plantations 

WILLIAM  ELLERY  JOHN  COLLINS 

HENRY  MARCHANT 

On  the  part  and  behalf  of  the  State  of  Connecticut 

ROGER  SHERMAN  TITUS  HOSMER 

SAMUEL  HUNTINGTON  ANDREW  ADAMS 

OLIVER  WOLCOTT 

On  the  part  and  behalf  of  the  State  of  New  York 

JAS.  DUANE  WM.  DUER 

FRA.  LEWIS  Gouv.  MORRIS 

On  the  part  and  in  behalf  of  the  State  of  New  Jersey 
Novr.  26,  1778 

.  WlTHERSPOON  NATHL.    ScUDDER 


On  the  part  and  behalf  of  the  State  of  Pennsylvania 

ROBT.  MORRIS  WILLIAM  CLINGAN 

DANIEL  ROBERDEAU  JOSEPH  REED,  22d  July, 

JNO.   BAYARD   SMITH  1778 

On  the  part  fy  behalf  of  the  State  of  Delaware 
THOS.    M'KEAN,    Feby.    12,      JOHN  DICKINSON,  May  5th, 

1779  1779 

NICHOLAS  VAN  DYKE 

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On  the  part  and  behalf  of  the  State  of  Maryland 

JOHN    HANSON,    March    1^      DANIEL    CARROLL,    Mar.    1 
1781  1781 

On  the  part  and  behalf  of  the  State  of  Virginia 

RICHARD  H&NRY  LEE  JNO.  HARVIE 

JOHN  BANISTER  FRANCIS  LIGHTFOOT  LEE 

THOMAS  ADAMS 

On  the  part  and  behalf  of  the  State  of  No.  Carolina 

JOHN  PENN,  July  21,  1778       JNO.  WILLIAMS 
CORNS.  HARNETT 

On  the  part  fy  behalf  of  the  State  of  South  Carolina 

HENRY  LAURENS  RICHD.  HUTSON 

WILLIAM  HENRY  DRAYTON         THOS.    HEYWARD,   Junr 
JNO.    MATTHEWS 

On  the  part  $  behalf  of  the  State  of  Georgia. 

JNO.   WALTON,   24th    July,      EDWD.   LANGWORTHY 

1778 
EDWD.    TELFAIR 


71 


Treaty  with  France     1778 

Treaty  of  Alliance  between  the  United  States  of  North 
America  and  His  Most  Christian  Majesty,  concluded  at 
Paris  February  6,  1778;  Ratified  by  Congress  May  4,  1778. 

The  Most  Christian  King  and  the  United  States  of  North 
America,  to  wit:  New  Hampshire,  Massachusetts  Bay, 
Rhodes  Island,  Connecticut,  New  York,  New  Jersey,  Penn 
sylvania,  Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia,  having  this  day  concluded 
a  treaty  of  amity  and  commerce,  for  the  reciprocal  advan 
tage  of  their  subjects  and  citizens,  have  thought  it  necessary 
to  take  in  consideration  the  means  of  strengthening  those 
engagements,  and  of  rendring  them  useful  to  the  safety  and 
tranquility  of  the  two  parties;  particularly  in  case  Great 
Britain,  in  resentment  of  that  connection  and  of  the  good 
correspondence  which  is  the  object  of  the  said  treaty,  should 
break  the  peace  with  France,  either  by  direct  hostilities,  or 
by  hindring  her  commerce  and  navigation  in  a  manner  con 
trary  to  the  rights  of  nations,  and  the  peace  subsisting 
between  the  two  Crowns.  And  His  Majesty  and  the  said 
United  States,  having  resolved  in  that  case  to  join  their 
counsels  and  efforts  against  the  enterprises  of  their  common 
enemy,  the  respective  Plenipotentiaries  impowered  to  con 
cert  the  clauses  and  conditions  proper  to  fulfil  said 
intentions,  have,  after  the  most  mature  deliberation,  con 
cluded  and  determined  on  the  following  articles: 

ARTICLE      I 

If  war  should  break  out  between  France  and  Great 
Britain  during  the  continuance  of  the  present  war  between 

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the  United  States  and  England,  His  Majesty  and  the  said 
United  States  shall  make  it  a  common  cause  and  aid  each 
other  mutually  with  their  good  offices,  their  counsels  and 
their  forces,  according  to  the  exigence  of  conjunctures,  as 
becomes  good  and  faithful  allies. 

ARTICLE    II 

The  essential  and  direct  end  of  the  present  defensive 
alliance  is  to  maintain  effectually  the  liberty,  sovereignty, 
and  independence  absolute  and  unlimited,  of  the  said  United 
States,  as  well  in  matters  of  government  as  of  commerce. 

ARTICLE    III 

The  two  contracting  parties  shall  each  on  its  own  part, 
and  in  the  manner  it  may  judge  most  proper,  make  all  the 
efforts  in  its  power  against  their  common  enemy,  in  order 
to  attain  the  end  proposed. 

ARTICLE    IV 

The  contracting  parties  agree  that  in  case  either  of  them 
should  form  any  particular  enterprise  in  which  the  concur 
rence  of  the  other  may  be  desired,  the  party  whose  concur 
rence  is  desired,  shall  readily,  and  with  good  faith,  join  to 
act  in  concert  for  that  purpose,  as  far  as  circumstances  and 
its  own  particular  situation  will  permit;  and  in  that  case, 
they  shall  regulate,  by  a  particular  convention,  the  quantity 
and  kind  of  succour  to  be  furnished,  and  the  time  and 
manner  of  its  being  brought  into  action,  as  well  as  the 
advantages  which  are  to  be  its  compensation. 

ARTICLE  v 

If  the  United  States  should  think  fit  to  attempt  the 
reduction  of  the  British  power,  remaining  in  the  northern 

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parts  of  America,  or  the  islands  of  Bermudas,  those  con- 
tries  or  islands,  in  case  of  success,  shall  be  confederated 
with  or  dependent  upon  the  said  United  States. 

ARTICLE    VI 

The  Most  Christian  King  renounces  forever  the  posses 
sion  of  the  islands  of  Bermudas,  as  well  as  of  any  part  of 
the  continent  of  North  America,  which  before  the  treaty  of 
Paris  in  1763,  or  in  virtue  of  that  treaty,  were  acknowledged 
to  belong  to  the  Crown  of  Great  Britain,  or  to  the  United 
States,  heretofore  called  British  Colonies,  or  which  are  at 
this  time,  or  have  lately  been  under  the  power  of  the  King 
and  Crown  of  Great  Britain. 

ARTICLE    VII 

If  His  Most  Christian  Majesty  shall  think  proper  to 
attack  any  of  the  islands  situated  in  the  Gulph  of  Mexico, 
or  near  that  Gulph,  which  are  at  present  under  the  power  of 
Great  Britain,  all  the  said  isles,  in  case  of  success,  shall 
appertain  to  the  Crown  of  France. 

ARTICLE    VIII 

Neither  of  the  two  parties  shall  conclude  either  truce  or 
peace  with  Great  Britain  without  the  formal  consent  of  the 
other  first  obtained;  and  they  mutually  engage  not  to  lay 
down  their  arms  until  the  independence  of  the  United  States 
shall  have  been  formally  or  tacitly  assured  by  the  treaty  or 
treaties  that  shall  terminate  the  war. 

ARTICLE    IX 

The  contracting  parties  declare,  that  being  resolved  to 
fulfil  each  on  its  own  part  the  clauses  and  conditions  of  the 

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present  treaty  of  alliance,  according  to  its  own  power  and 
circumstances,  there  shall  be  no  after  claim  of  compensa 
tion  on  one  side  or  the  other,  whatever  may  be  the  event 
of  the  war. 

ARTICLE  x 

The  Most  Christian  King  and  the  United  States  agree 
to  invite  or  admit  other  powers  who  may  have  received 
injuries  from  England,  to  make  common  cause  with  them, 
and  to  accede  to  the  present  alliance,  under  such  conditions 
as  shall  be  freely  agreed  to  and  settled  between  all  the 
parties. 

ARTICLE    XI 

The  two  parties  guarantee  mutually  from  the  present 
time  and  forever  against  all  other  powers,  to  wit:  The 
United  States  to  His  Most  Christian  Majesty,  the  present 
possessions  of  the  Crown  of  France  in  America,  as  well  as 
those  which  it  may  acquire  by  the  future  treaty  of  peace: 
And  His  Most  Christian  Majesty  guarantees  on  his  part  to 
the  United  States  their  liberty,  sovereignty,  and  independ 
ence,  absolute  and  unlimited,  as  well  in  matters  of  govern 
ment  as  commerce,  and  also  their  possessions,  and  the 
additions  or  conquests  that  their  confederation  may  obtain 
during  the  war,  from  any  of  the  dominions  now,  or  hereto 
fore  possessed  by  Great  Britain  in  North  America,  con 
formable  to  the  5th  and  6th  articles  above  written,  the  whole 
as  their  possessions  shall  be  fixed  and  assured  to  the  said 
States,  at  the  moment  of  the  cessation  of  their  present 
war  with  England. 

ARTICLE    XII 

In  order  to  fix  more  precisely  the  sense  and  application 
of  the  preceding  article,  the  contracting  parties  declare, 
that  in  case  of  a  rupture  between  France  and  England  the 

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NATIONAL     DOCUMENTS 

reciprocal  guarantee  declared  in  the  said  article  shall  have 
its  full  force  and  effect  the  moment  such  war  shall  break 
out;  and  if  such  rupture  shall  not  take  place,  the  mutual 
obligations  of  the  said  guarantee  shall  not  commence  until 
the  moment  of  the  cessation  of  the  present  war  between  the 
United  States  and  England  shall  have  ascertained  their 
possessions. 

ARTICLE    XIII 

The  present  treaty  shall  be  ratified  on  both  sides,  and  the 
ratifications  shall  be  exchanged  in  the  space  of  six  months, 
or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries,  to  wit: 
On  the  part  of  the  Most  Christian  King,  Conrad  Alexander 
Gerard,  Royal  Syndic  of  the  city  of  Strasbourgh,  and 
Secretary  of  his  Majesty's  Council  of  State;  and  on  the  part 
of  the  United  States,  Benjamin  Franklin,  Deputy  to  the 
General  Congress  from  the  State  of  Pennsylvania,  and 
President  of  the  Convention  of  the  same  State,  Silas  Deane, 
heretofore  Deputy  from  the  State  of  Connecticut,  and 
Arthur  Lee,  Councellor  at  Law,  have  signed  the  above  arti 
cles  both  in  the  French  and  English  languages,  declaring, 
nevertheless,  that  the  present  treaty  was  originally  com 
posed  and  concluded  in  the  French  language,  and  they  have 
hereunto  affixed  their  seals. 

Done  at  Paris  this  sixth  day  of  February,  one  thousand 
seven  hundred  and  seventy-eight. 

C.  A.  GERARD  [L.  s.] 
B.  FRANKLIN  [L.  s.] 
SILAS  DEANE  [L.  s.] 
ARTHUR  LEE  [L.  s.] 


76 


Treaty  with  Great  Britain    1783 

Definitive  Treaty  of  Peace  between  the  United  States  of 
America  and  His  Britannic  Majesty,  Concluded  at  Paris 
September  3,  1783;  Ratified  by  Congress  January  14,  1784; 
Proclaimed  January  14,  1784. 

In  the  name  of  the  Most  Holy  and  Undivided  Trinity. 

It  having  pleased  the  Divine  Providence  to  dispose  the 
hearts  of  the  most  serene  arid  most  potent  Prince  George 
the  Third,  by  the  Grace  of  God  King  of  Great  Britain, 
France,  and  Ireland,  Defender  of  the  Faith,  Duke  of 
Brunswick  and  Luneburg,  Arch-Treasurer  and  Prince 
Elector  of  the  Holy  Roman  Empire,  &ca.,  and  of  the  United 
States  of  America,  to  forget  all  past  misunderstandings  and 
differences  that  have  unhappily  interrupted  the  good  corre 
spondence  and  friendship  which  they  mutually  wish  to 
restore;  and  to  establish  such  a  beneficial  and  satisfactory 
intercourse  between  the  two  countries,  upon  the  ground  of 
reciprocal  advantages  and  mutual  convenience,  as  may  pro 
mote  and  secure  to  both  perpetual  peace  and  harmony:  And 
having  for  this  desirable  end  already  laid  the  foundation  of 
peace  and  reconciliation,  by  the  provisional  articles,  signed 
at  Paris,  on  the  30th  of  Nov'r,  1782,  by  the  commissioners 
empowered  on  each  part,  which  articles  were  agreed  to  be 
inserted  in  and  to  constitute  the  treaty  of  peace  proposed 
to  be  concluded  between  the  Crown  of  Great  Britain  and 
the  said  United  States,  but  which  treaty  was  not  to  be  con 
cluded  until  terms  of  peace  should  be  agreed  upon  between 
Great  Britain  and  France,  and  His  Britannic  Majesty 
should  be  ready  to  conclude  such  treaty  accordingly;  and  the 

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treaty  between  Great  Britain  and  France  having  since  been 
concluded,  His  Britannic  Majesty  and  the  United  States  of 
America,  in  order  to  carry  into  full  effect  the  provisional 
articles  above  mentioned,  according  to  the  tenor  thereof, 
have  constituted  and  appointed,  that  is  to  say,  His  Britan 
nic  Majesty  on  his  part,  David  Hartley,  esqr.,  member  of 
the  Parliament  of  Great  Britain;  and  the  said  United  States 
on  their  part,  John  Adams,  esqr.,  late  a  commissioner  of 
the  United  States  of  America  at  the  Court  of  Versailles, 
late  Delegate  in  Congress  from  the  State  of  Massachusetts, 
and  chief  justice  of  the  said  State,  and  Minister  Plenipo 
tentiary  of  the  said  United  States  to  their  High  Mighti 
nesses  the  States  General  of  the  United  Netherlands; 
Benjamin  Franklin,  esq're,  late  Delegate  in  Congress  from 
the  State  of  Pennsylvania,  president  of  the  convention  of 
the  said  State,  and  Minister  Plenipotentiary  from  the 
United  States  of  America  at  the  Court  of  Versailles;  John 
Jay,  esq're,  late  president  of  Congress,  and  chief  justice  of 
the  State  of  New  York,  and  Minister  Plenipotentiary  from 
the  said  United  States  at  the  Court  of  Madrid,  to  be  the 
Plenipotentiaries  for  the  concluding  and  signing  the  present 
definitive  treaty;  who,  after  having  reciprocally  communi 
cated  their  respective  full  powers,  have  agreed  upon  and 
confirmed  the  following  articles: 

ARTICLE    I 

His  Britannic  Majesty  acknowledges  the  said  United 
States,  viz.  New  Hampshire,  Massachusetts  Bay,  Rhode 
Island,  and  Providence  Plantations,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir 
ginia,  North  Carolina,  South  Carolina,  and  Georgia,  to  be 
free,  sovereign  and  independent  States;  that  he  treats  with 
them  as  such,  and  for  himself,  his  heirs  and  successors,  relin- 

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quishes  all  claims  to  the  Government,  proprietory  and  terri 
torial  rights  of  the  same,  and  every  part  thereof. 


ARTICLE    II 

And  that  all  disputes  which  might  arise  in  future,  on  the 
subject  of  the  boundaries  of  the  said  United  States  may  be 
prevented,  it  is  hereby  agreed  and  declared,  that  the  follow 
ing  are,  and  shall  be  their  boundaries,  viz :  From  the  north 
west  angle  of  Nova  Scotia,  viz.  that  angle  which  is  formed 
by  a  line  drawn  due  north  from  the  source  of  Saint  Croix 
River  to  the  Highlands;  along  the  said  Highlands  which 
divide  those  rivers  that  empty  themselves  into  the  river  St. 
Lawrence,  from  those  which  fall  into  the  Atlantic  Ocean,  to 
the  northwesternmost  head  of  Connecticut  River;  thence 
down  along  the  middle  of  that  river,  to  the  forty-fifth  degree 
of  north  latitude;  from  thence,  by  a  line  due  west  on  said 
latitude,  until  it  strikes  the  river  Iroquois  or  Cataraquy; 
thence  along  the  middle  of  said  river  into  Lake  Ontario, 
through  the  middle  of  said  lake  until  it  strikes  the  communi 
cation  by  water  between  that  lake  and  Lake  Erie;  thence 
along  the  middle  of  said  communication  into  Lake  Erie, 
through  the  middle  of  said  lake  until  it  arrives  at  the  water 
communication  between  that  lake  and  Lake  Huron;  thence 
along  the  middle  of  said  water  communication  into  the  Lake 
Huron ;  thence  through  the  middle  of  said  lake  to  the  water 
communication  between  that  lake  and  Lake  Superior; 
thence  through  Lake  Superior  northward  of  the  Isles  Royal 
and  Phelipeaux,  to  the  Long  Lake;  thence  through  the 
middle  of  said  Long  Lake,  and  the  water  communication 
between  it  and  the  Lake  of  the  Woods,  to  the  said  Lake  of 
the  Woods ;  thence  through  the  said  lake  to  the  most  north 
western  point  thereof,  and  from  thence  on  a  due  west  course 
to  the  river  Mississippi ;  thence  by  a  line  to  be  drawn  along 

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the  middle  of  the  said  river  Mississippi  until  it  shall  inter 
sect  the  northernmost  part  of  the  thirty-first  degree  of  north 
latitude.  South,  by  a  line  to  be  drawn  due  east  from  the 
determination  of  the  line  last  mentioned,  in  the  latitude  of 
thirty-one  degrees  north  of  the  Equator,  to  the  middle  of 
the  river  Apalachicola  or  Catahouche;  thence  along  the 
middle  thereof  to  its  junction  with  the  Flint  River;  thence 
straight  to  the  head  of  St.  Mary's  River;  and  thence  down 
along  the  middle  of  St.  Mary's  River  to  the  Atlantic  Ocean. 
East,  by  a  line  to  be  drawn  along  the  middle  of  the  river 
St.  Croix,  from  its  mouth  in  the  Bay  of  Fundy  to  its  source, 
and  from  its  source  directly  north  to  the  aforesaid  High 
lands,  which  divide  the  rivers  that  fall  into  the  Atlantic 
Ocean  from  those  which  fall  into  the  river  St.  Lawrence; 
comprehending  all  islands  within  twenty  leagues  of  any 
part  of  the  shores  of  the  United  States,  and  lying  between 
lines  to  be  drawn  due  east  from  the  points  where  the  afore 
said  boundaries  between  Nova  Scotia  on  the  one  part,  and 
East  Florida  on  the  other,  shall  respectively  touch  the  Bay 
of  Fundy  and  the  Atlantic  Ocean ;  excepting  such  islands  as 
now  are,  or  heretofore  have  been,  within  the  limits  of  the 
said  province  of  Nova  Scotia. 


ARTICLE    III 

It  is  agreed  that  the  people  of  the  United  States  shall 
continue  to  enjoy  unmolested  the  right  to  take  fish  of  every 
kind  on  the  Grand  Bank,  and  on  all  the  other  banks  of  New 
foundland;  also  in  the  Gulph  of  Saint  Lawrence,  and  at  all 
other  places  in  the  sea  where  the  inhabitants  of  both  coun 
tries  used  at  any  time  heretofore  to  fish.  And  also  that  the 
inhabitants  of  the  United  States  shall  have  liberty  to  take 
fish  of  every  kind  on  such  part  of  the  coast  of  Newfound 
land  as  British  fishermen  shall  use  (but  not  to  dry  or  cure 

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the  same  on  that  island)  and  also  on  the  coasts,  bays,  and 
creeks  of  all  other  of  His  Britannic  Majesty's  dominions 
in  America;  and  that  the  American  fishermen  shall  have 
liberty  to  dry  and  cure  fish  in  any  of  the  unsettled  bays, 
harbours,  and  creeks  of  Nova  Scotia,  Magdalen  Islands, 
and  Labrador,  so  long  as  the  same  shall  remain  unsettled; 
but  so  soon  as  the  same  or  either  of  them  shall  be  settled, 
it  shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure 
fish  at  such  settlement,  without  a  previous  agreement  for 
that  purpose  with  the  inhabitants,  proprietors,  or  possessors 
of  the  ground. 

ARTICLE       IV 

It  is  agreed  that  creditors  on  either  side  shall  meet  with 
no  lawful  impediment  to  the  recovery  of  the  full  value  in 
sterling  money,  of  all  bona  fide  debts  heretofore  contracted. 


ARTICLE    V 

It  is  agreed  that  the  Congress  shall  earnestly  recommend 
it  to  the  legislatures  of  the  respective  States,  to  provide 
for  the  restitution  of  all  estates,  rights,  and  properties 
which  have  been  confiscated,  belonging  to  real  British  sub 
jects,  and  also  of  the  estates,  rights,  and  properties  of 
persons  resident  in  districts  in  the  possession  of  His  Maj 
esty's  arms,  and  who  have  not  borne  arms  against  the  said 
United  States.  And  that  persons  of  any  other  description  shall 
have  free  liberty  to  go  to  any  part  or  parts  of  any  of  the 
thirteen  United  States,  and  therein  to  remain  twelve  months, 
unmolested  in  their  endeavours  to  obtain  the  restitution  of 
such  of  their  estates,  rights,  and  properties  as  may  have 
been  confiscated;  and  that  Congress  shall  also  earnestly 
recommend  to  the  several  States  a  reconsideration  and 
revision  of  all  acts  or  laws  regarding  the  premises,  so  as  to 

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render  the  said  laws  or  acts  perfectly  consistent,  not  only 
with  justice  and  equity,  but  with  that  spirit  of  conciliation 
which,  on  the  return  of  the  blessings  of  peace,  should  uni 
versally  prevail.  And  that  Congress  shall  also  earnestly 
recommend  to  the  several  States,  that  the  estates,  rights, 
and  properties  of  such  last  mentioned  persons,  shall  be 
restored  to  them,  they  refunding  to  any  persons  who  may 
be  now  in  possession,  the  bona  fide  price  (where  any  has 
been  given)  which  such  persons  may  have  paid  on  purchas 
ing  any  of  the  said  lands,  rights,  or  properties,  since  the 
confiscation.  And  it  is  agreed,  that  all  persons  who  have 
any  interest  in  confiscated  lands,  either  by  debts,  marriage 
settlements,  or  otherwise,  shall  meet  with  no  lawful  impedi 
ment  in  the  prosecution  of  their  just  rights. 

ARTICLE    VI 

That  there  shall  be  no  future  confiscations  made,  nor  any 
prosecutions  commenc'd  against  any  person  or  persons  for, 
or  by  reason  of  the  part  which  he  or  they  may  have  taken 
in  the  present  war ;  and  that  no  person  shall,  on  that  account, 
suffer  any  future  loss  or  damage,  either  in  his  person,  liberty, 
or  property;  and  that  those  who  may  be  in  confinement  on 
such  charges,  at  the  time  of  the  ratification  of  the  treaty  in 
America,  shall  be  immediately  set  at  liberty,  and  the  prose 
cutions  so  commenced  be  discontinued. 


ARTICLE    VII 

There  shall  be  a  firm  and  perpetual  peace  between  His 
Britannic  Majesty  and  the  said  States,  and  between  the 
subjects  of  the  one  and  the  citizens  of  the  other,  wherefore 
all  hostilities,  both  by  sea  and  land,  shall  from  henceforth 
cease:  All  prisoners  on  both  sides  shall  be  set  at  liberty, 

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and  His  Britannic  Majesty  shall,  with  all  convenient  speed, 
and  without  causing  any  destruction,  or  carrying  away  any 
negroes  or  other  property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrisons,  and  fleets  from  the  said 
United  States,  and  from  every  port,  place,  and  harbour 
within  the  same;  leaving  in  all  fortifications  the  American 
artillery  that  may  be  therein :  And  shall  also  order  and  cause 
all  archives,  records,  deeds,  and  papers,  belonging  to  any  of 
the  said  States,  or  their  citizens,  which,  in  the  course  of  the 
war,  may  have  fallen  into  the  hands  of  his  officers,  to  be 
forthwith  restored  and  deliver'd  to  the  proper  States  and 
persons  to  whom  they  belong. 

ARTICLE    VIII 

The  navigation  of  the  river  Mississippi,  from  its  source 
to  the  ocean,  shall  forever  remain  free  and  open  to  the  sub 
jects  of  Great  Britain,  and  the  citizens  of  the  United  States. 

ARTICLE    IX 

In  case  it  should  so  happen  that  any  place  or  territory 
belonging  to  Great  Britain  or  to  the  United  States,  should 
have  been  conquer'd  by  the  arms  of  either  from  the  other, 
before  the  arrival  of  the  said  provisional  articles  in  Amer 
ica,  it  is  agreed,  that  the  same  shall  be  restored  without 
difficulty,  and  without  requiring  any  compensation. 

ARTICLE    X 

The  solemn  ratifications  of  the  present  treaty,  expedited 
in  good  and  due  form,  shall  be  exchanged  between  the  con 
tracting  parties,  in  the  space  of  six  months,  or  sooner  if 
possible,  to  be  computed  from  the  day  of  the  signature 

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the  present  treaty.  In  witness  whereof,,  we  the  undersigned, 
their  Ministers  Plenipotentiary,  have  in  their  name  and  in 
virtue  of  our  full  powers,  signed  with  our  hands  the  present 
definitive  treaty,  and  caused  the  seals  of  our  arms  to  be 
affix'd  thereto. 

Done  at  Paris,  this  third  day  of  September,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty-three. 

D.  HARTLEY  [L.  s.] 
JOHN  ADAMS  [L.  s.] 
B.  FRANKLIN  [L.  s.] 
JOHN  JAY  [L.  s.] 


The  Northwest  Territorial  Government    1787 

An  Ordinance  for  the  government  of  the  territory  of  the 
United  States  northwest  of  the  river  Ohio. 

SECTION  1.  Be  it  ordained  by  the  United  States  in  Con 
gress  assembled,  That  the  said  territory,  for  the  purposes  of 
temporary  government,  be  one  district,  subject,  however,  to 
be  divided  into  two  districts,  as  future  circumstances  may, 
in  the  opinion  of  Congress,  make  it  expedient. 

SEC.  2.  Be  it  ordained  by  the  authority  aforesaid,  That 
the  estates  both  of  resident  and  non-resident  proprietors  in 
the  said  territory,  dying  intestate,  shall  descend  to,  and  be 
distributed  among,  their  children  and  the  descendants  of  a 
deceased  child  in  equal  parts,  the  descendants  of  a  deceased 
child  or  grandchild  to  take  the  share  of  their  deceased  par 
ent  in  equal  parts  among  them ;  and  where  there  shall  be  no 
children  or  descendants,  then  in  equal  parts  to  the  next  of 
kin,  in  equal  degree;  and  among  collaterals,  the  children  of 
a  deceased  brother  or  sister  of  the  intestate  shall  have,  in 
parts  among  them,  their  deceased  parent's  share;  and  there 
shall,  in  no  case,  be  a  distinction  between  kindred  of  the 
whole  and  half  blood;  saving  in  all  cases  to  the  widow  of 
the  intestate,  her  third  part  of  the  real  estate  for  life,  and 
one-third  part  of  the  personal  estate;  and  this  law  relative 
to  descents  and  dower,  shall  remain  in  full  force  until 
altered  by  the  legislature  of  the  district.  And  until  the 
governor  and  judges  shall  adopt  laws  as  hereinafter  men 
tioned,  estates  in  the  said  territory  may  be  devised  or 
bequeathed  by  wills  in  writing,  signed  and  sealed  by  him  or 
her  in  whom  the  estate  may  be,  (being  of  full  age,)  and 
attested  by  three  witnesses;  and  real  estates  may  be  con- 

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veyed  by  lease  and  release,  or  bargain  and  sale,  signed, 
sealed,  and  delivered  by  the  person,  being  of  full  age,  in 
whom  the  estate  may  be,  and  attested  by  two  witnesses, 
provided  such  wills  be  duly  proved,  and  such  conveyances 
be  acknowledged,  or  the  execution  thereof  duly  proved,  and 
be  recorded  within  one  year  after  proper  magistrates, 
courts,  and  registers  shall  be  appointed  for  that  purpose; 
and  personal  property  may  be  transferred  by  delivery, 
saving,  however,  to  the  French  and  Canadian  inhabitants, 
and  other  settlers  of  the  Kaskaskies,  Saint  Vincents,  and 
the  neighboring  villages,  who  have  heretofore  professed 
themselves  citizens  of  Virginia,  their  laws  and  customs  now 
in  force  among  them,  relative  to  the  descent  and  conveyance 
of  property. 

SEC.  3.  Be  it  ordained  by  the  authority  aforesaidf  That 
there  shall  be  appointed,  from  time  to  time,  by  Congress,  a 
governor,  whose  commission  shall  continue  in  force  for  the 
term  of  three  years,  unless  sooner  revoked  by  Congress;  he 
shall  reside  in  the  district,  and  have  a  freehold  estate  therein 
in  one  thousand  acres  of  land,  while  in  the  exercise  of  his 
office. 

SEC.  4.  There  shall  be  appointed  from  time  to  time,  by 
Congress,  a  secretary,  whose  commission  shall  continue  in 
force  for  four  years,  unless  sooner  revoked;  he  shall  reside 
in  the  district,  and  have  a  freehold  estate  therein,  in  five 
hundred  acres  of  land,  while  in  the  exercise  of  his  office.  It 
shall  be  his  duty  to  keep  and  preserve  the  acts  and  laws 
passed  by  the  legislature,  and  the  public  records  of  the 
district,  and  the  proceedings  of  the  governor  in  his  executive 
department,  and  transmit  authentic  copies  of  such  acts 
and  proceedings  every  six  months  to  the  Secretary  of  Con 
gress.  There  shall  also  be  appointed  a  court,  to  consist  of 
three  judges,  any  two  of  whom  to  form  a  court,  who  shall 
have  a  common-law  jurisdiction,  and  reside  in  the  district, 

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and  have  each  therein  a  freehold  estate,  in  five  hundred  acres 
of  land,  while  in  the  exercise  of  their  offices ;  and  their  com 
missions  shall  continue  in  force  during  good  behavior. 

SEC.  5.  The  governor  and  judges,  or  a  majority  of  them, 
shall  adopt  and  publish  in  the  district  such  laws  of  the 
original  States,  criminal  and  civil,  as  may  be  necessary  and 
best  suited  to  the  circumstances  of  the  district,  and  report 
them  to  Congress  from  time  to  time,  which  laws  shall  be  in 
force  in  the  district  until  the  organization  of  the  general 
assembly  therein,  unless  disapproved  of  by  Congress;  but 
afterwards  the  legislature  shall  have  authority  to  alter  them 
as  they  shall  think  fit. 

SEC.  6.  The  governor,  for  the  time  being,  shall  be  com- 
mander-in-chief  of  the  militia,  appoint  and  commission  all 
officers  in  the  same  below  the  rank  of  general  officers;  all 
general  officers  shall  be  appointed  and  commissioned  by 
Congress. 

SEC.  7.  Previous  to  the  organization  of  the  general 
assembly  the  governor  shall  appoint  such  magistrates,  and 
other  civil  officers,  in  each  county  or  township,  as  he  shall 
find  necessary  for  the  preservation  of  the  peace  and  good 
order  in  the  same.  After  the  general  assembly  shall  be 
organized  the  powers  and  duties  of  magistrates  and  other 
civil  officers  shall  be  regulated  and  defined  by  the  said 
assembly;  but  all  magistrates  and  other  civil  officers,  not 
herein  otherwise  directed,  shall,  during  the  continuance  of 
this  temporary  government,  be  appointed  by  the  governor. 

SEC.  8.  For  the  prevention  of  crimes  and  injuries,  the 
laws  to  be  adopted  or  made  shall  have  force  in  all  parts  of 
the  district,  and  for  the  execution  of  process,  criminal  and 
civil,  the  governor  shall  make  proper  divisions  thereof;  and 
he  shall  proceed,  from  time  to  time,  as  circumstances  may 
require,  to  lay  out  the  parts  of  the  district  in  which  the 
Indian  titles  shall  have  been  extinguished,  into  counties  and 

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townships,  subject,  however,  to  such  alterations  as  may 
thereafter  be  made  by  the  legislature. 

SEC.  9-  So  soon  as  there  shall  be  five  thousand  free  male 
inhabitants,  of  full  age,  in  the  district,  upon  giving  proof 
thereof  to  the  governor,  they  shall  receive  authority,  with 
time  and  place,  to  elect  representatives  from  their  counties 
or  townships,  to  represent  them  in  the  general  assembly: 
Provided,  That  for  every  five  hundred  free  male  inhabitants 
there  shall  be  one  representative,  and  so  on,  progressively, 
with  the  number  of  free  male  inhabitants,  shall  the  right  of 
representation  increase,  until  the  number  of  representatives 
shall  amount  to  twenty-five;  after  which  the  number  and 
proportion  of  representatives  shall  be  regulated  by  the  legis 
lature:  Provided,  That  no  person  be  eligible  or  qualified 
to  act  as  a  representative,  unless  he  shall  have  been  a  citizen 
of  one  of  the  United  States  three  years,  and  be  a  resident 
in  the  district,  or  unless  he  shall  have  resided  in  the  district 
three  years;  and,  in  either  case,  shall  likewise  hold  in  his 
own  right,  in  fee-simple,  two  hundred  acres  of  land  within 
the  same:  Provided,  also,  That  a  freehold  in  fifty  acres  of 
land  in  the  district,  having  been  a  citizen  of  one  of  the 
States,  and  being  resident  in  the  district,  or  the  like  free 
hold  and  two  years'  residence  in  the  district,  shall  be  neces 
sary  to  qualify  a  man  as  an  elector  of  a  representative. 

SEC.  10.  The  representatives  thus  elected  shall  serve 
for  the  term  of  two  years;  and  in  case  of  the  death  of  a 
representative,  or  removal  from  office,  the  governor  shall 
issue  a  writ  to  the  county  or  township,  for  which  he  was  a 
member,  to  elect  another  in  his  stead,  to  serve  for  the  residue 
of  the  term. 

SEC.  11.  The  general  assembly,  or  legislature,  shall 
consist  of  the  governor,  legislative  council,  and  a  house  of 
representatives.  The  legislative  council  shall  consist  of  five 
members,  to  continue  in  office  five  years,  unless  sooner 

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removed  by  Congress;  any  three  of  whom  to  be  a  quorum j 
and  the  members  of  the  council  shall  be  nominated  and 
appointed  in  the  following  manner,  to  wit:  As  soon  as  rep 
resentatives  shall  be  elected  the  governor  shall  appoint  a 
time  and  place  for  them  to  meet  together,  and  when  met 
they  shall  nominate  ten  persons,  residents  in  the  district, 
and  each  possessed  of  a  freehold  in  five  hundred  acres  of 
land,  and  return  their  names  to  Congress,  five  of  whom  Con 
gress  shall  appoint  and  commission  to  serve  as  aforesaid; 
and  whenever  a  vacancy  shall  happen  in  the  council,  by 
death  or  removal  from  office,  the  house  of  representatives 
shall  nominate  two  persons,  qualified  as  aforesaid,  for  each 
vacancy,  and  return  their  names  to  Congress,  one  of  whom 
Congress  shall  appoint  and  commission  for  the  residue  of 
the  term ;  and  every  five  years,  four  months  at  least  before 
the  expiration  of  the  time  of  service  of  the  members  of  the 
council,  the  said  house  shall  nominate  ten  persons,  qualified 
as  aforesaid,  and  return  their  names  to  Congress,  five  of  whom 
Congress  shall  appoint  and  commission  to  serve  as  members 
of  the  council  five  years,  unless  sooner  removed.  And  the 
governor,  legislative  council,  and  house  of  representatives 
shall  have  authority  to  make  laws  in  all  cases  for  the  good 
government  of  the  district,  not  repugnant  to  the  principles 
and  articles  in  this  ordinance  established  and  declared.  And 
all  bills,  having  passed  by  a  majority  in  the  house,  and  by  a 
majority  in  the  council,  shall  be  referred  to  the  governor 
for  his  assent ;  but  no  bill,  or  legislative  act  whatever,  shall 
be  of  any  force  without  his  assent.  The  governor  shall  have 
power  to  convene,  prorogue,  and  dissolve  the  general 
assembly  when,  in  his  opinion,  it  shall  be  expedient. 

SEC.  12.  The  governor,  judges,  legislative  council,  sec 
retary,  and  such  other  officers  as  Congress  shall  appoint  in 
the  district,  shall  take  an  oath  or  affirmation  of  fidelity,  and 
of  office;  the  governor  before  the  President  of  Congress, 

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and  all  other  officers  before  the  governor.  As  soon  as  a 
legislature  shall  be  formed  in  the  district,  the  council  and 
house  assembled,  in  one  room,  shall  have  authority,  by  joint 
ballot,  to  elect  a  delegate  to  Congress,  who  shall  have  a  seat 
in  Congress,  with  a  right  of  debating,  but  not  of  voting, 
during  this  temporary  government. 

SEC.  13.  And  for  extending  the  fundamental  principles 
of  civil  and  religious  liberty,  which  form  the  basis  whereon 
these  republics,  their  laws  and  constitutions,  are  erected;  to 
fix  and  establish  those  principles  as  the  basis  of  all  laws, 
constitutions,  and  governments,  which  forever  hereafter 
shall  be  formed  in  the  said  territory;  to  provide,  also,  for 
the  establishment  of  States,  and  permanent  government 
therein,  and  for  their  admission  to  a  share  in  the  Federal 
councils  on  an  equal  footing  with  the  original  States,  at  as 
early  periods  as  may  be  consistent  with  the  general  interest: 

SEC.  14.  It  is  hereby  ordained  and  declared,  by  the 
authority  aforesaid,  that  the  following  articles  shall  be 
considered  as  articles  of  compact,  between  the  original 
States  and  the  people  and  States  in  the  said  territory,  and 
forever  remain  unalterable,  unless  by  common  consent, 
to  wit: 

ARTICLE    I 

No  person,  demeaning  himself  in  a  peaceable  and  orderly 
manner,  shall  ever  be  molested  on  account  of  his  mode  of 
worship,  or  religious  sentiments,  in  the  said  territories. 


ARTICLE    II 

The  inhabitants  of  the  said  territory  shall  always  be 
entitled  to  the  benefits  of  the  writ  of  habeas  corpus,  and  of 
the  trial  by  jury;  of  a  proportionate  representation  of  the 
people  in  the  legislature,  and  of  judicial  proceedings 

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according  to  the  course  of  common  law.  All  persons  shall 
be  bailable,  unless  for  capital  offences,  where  the  proof  shall 
be  evident,  or  the  presumption  great.  All  fines  shall  be 
moderate;  and  no  cruel  or  unusual  punishments  shall  be 
inflicted.  No  man  shall  be  deprived  of  his  liberty  or  prop 
erty,  but  by  the  judgment  of  his  peers,  or  the  law  of  the 
land,  and  should  the  public  exigencies  make  it  necessary, 
for  the  common  preservation,  to  take  any  person's  property, 
or  to  demand  his  particular  services,  full  compensation  shall 
be  made  for  the  same.  And,  in  the  just  preservation  of 
rights  and  property,  it  is  understood  and  declared,  that  no 
law  ought  ever  to  be  made  or  have  force  in  the  said  terri 
tory,  that  shall,  in  any  manner  whatever,  interfere  with  or 
affect  private  contracts,  or  engagements,  bona  fide,  and 
without  fraud  previously  formed. 

ARTICLE    III 

Religion,  morality,  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools 
and  the  means  of  education  shall  forever  be  encouraged. 
The  utmost  good  faith  shall  always  be  observed  towards  the 
Indians ;  their  lands  and  property  shall  never  be  taken  from 
them  without  their  consent;  and  in  their  property,  rights, 
and  liberty  they  never  shall  be  invaded  or  disturbed,  unless 
in  just  and  lawful  wars  authorized  by  Congress;  but  laws 
founded  in  justice  and  humanity  shall,  from  time  to  time, 
be  made,  for  preventing  wrongs  being  done  to  them,  and  for 
preserving  peace  and  friendship  with  them. 

ARTICLE    IV 

The  said  territory,  and  the  States  which  may  be  formed 
therein,  shall  forever  remain  a  part  of  this  confederacy  of 

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the  United  States  of  America,  subject  to  the  Articles  of 
Confederation,  and  to  such  alterations  therein  as  shall  be 
constitutionally  made ;  and  to  all  the  acts  and  ordinances  of 
the  United  States  in  Congress  assembled,  conformable 
thereto.  The  inhabitants  and  settlers  in  the  said  territory 
shall  be  subject  to  pay  a  part  of  the  Federal  debts,  con 
tracted,  or  to  be  contracted,  and  a  proportional  part  of  the 
expenses  of  government  to  be  apportioned  on  them  by  Con 
gress,  according  to  the  same  common  rule  and  measure  by 
which  apportionments  thereof  shall  be  made  on  the  other 
States;  and  the  taxes  for  paying  their  proportion  shall  be 
laid  and  levied  by  the  authority  and  direction  of  the  legis 
latures  of  the  district,  or  districts,  or  new  States,  as  in  the 
original  States,  within  the  time  agreed  upon  by  the  United 
States  in  Congress  assembled.  The  legislatures  of  those 
districts,  or  new  States,  shall  never  interfere  with  the  pri 
mary  disposal  of  the  soil  by  the  United  States  in  Congress 
assembled,  nor  with  any  regulations  Congress  may  find 
necessary  for  securing  the  title  in  such  soil  to  the  bona  fide 
purchasers.  No  tax  shall  be  imposed  on  lands  the  property 
of  the  United  States;  and  in  no  case  shall  non-resident 
proprietors  be  taxed  higher  than  residents.  The  navigable 
waters  leading  into  the  Mississippi  and  Saint  Lawrence, 
and  the  carrying  places  between  the  same,  shall  be  common 
highways,  and  forever  free,  as  well  to  the  inhabitants  of  the 
said  territory  as  to  the  citizens  of  the  United  States,  and 
those  of  any  other  States  that  may  be  admitted  into  the 
confederacy,  without  any  tax,  impost,  or  duty  therefor. 

ARTICLE    V 

There  shall  be  formed  in  the  said  territory  not  less  than 
three  nor  more  than  five  States;  and  the  boundaries  of  the 
States,  as  soon  as  Virginia  shall  alter  her  act  of  cession 

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and  consent  to  the  same,,  shall  become  fixed  and  established 
as  follows,  to  wit :  The  Western  Sta,te,  in  the  said  territory, 
shall  be  bounded  by  the  Mississippi,  the  Ohio,  and  the 
Wabash  Rivers ;  a  direct  line  drawn  from  the  Wabash  and 
Post  Vincents,  due  north,  to  the  territorial  line  between 
the  United  States  and  Canada;  and  by  the  said  territorial 
lines  to  the  Lake  of  the  Woods  and  Mississippi.  The  middle 
State  shall  be  bounded  by  the  said  direct  line,  the  Wabash 
from  Post  Vincents  to  the  Ohio,  by  the  Ohio,  by  a  direct 
line  drawn  due  north  from  the  mouth  of  the  Great  Miami 
to  the  said  territorial  line,  and  by  the  said  territorial  line. 
The  eastern  State  shall  be  bounded  by  the  last-mentioned 
direct  line,  the  Ohio,  Pennsylvania,  and  the  said  territorial 
line:  Provided,  however,  And  it  is  further  understood  and 
declared,  that  the  boundaries  of  these  three  States  shall 
be  subject  so  far  to  be  altered,  that,  if  Congress  shall 
hereafter  find  it  expedient,  they  shall  have  authority  to  form 
one  or  two  States  in  that  part  of  the  said  territory  which 
lies  north  of  an  east  and  west  line  drawn  through  the  south 
erly  bend  or  extreme  of  Lake  Michigan.  And  whenever 
any  of  the  said  States  shall  have  sixty  thousand  free 
inhabitants  therein,  such  State  shall  be  admitted,  by  its 
delegates,  into  the  Congress  of  the  United  States,  on  an 
equal  footing  with  the  original  States,  in  all  respects  what 
ever;  and  shall  be  at  liberty  to  form  a  permanent  consti 
tution  and  State  government :  Provided,  The  constitution  and 
government,  so  to  be  formed,  shall  be  republican,  and  in 
conformity  to  the  principles  contained  in  these  articles, 
and,  so  far  as  it  can  be  consistent  with  the  general  interest 
of  the  confederacy,  such  admission  shall  be  allowed  at  an 
earlier  period,  and  when  there  may  be  a  less  number  of  free 
inhabitants  in  the  State  than  sixty  thousand. 


NATIONAL     DOCUMENTS 


ARTICLE    VI 

There  shall  be  neither  slavery  nor  involuntary  servitude 
in  the  said  territory,  otherwise  than  in  the  punishment  of 
crimes,  whereof  the  party  shall  have  been  duly  convicted: 
Provided  always,  That  any  person  escaping  into  the  same, 
from  whom  labor  or  service  is  lawfully  claimed  in  any  one 
of  the  original  States,  such  fugitive  may  be  lawfully 
reclaimed,  and  conveyed  to  the  person  claiming  his  or  her 
service  as  aforesaid. 

Be  it  ordained  by  the  authority  aforesaid,  That  the  reso 
lutions  of  the  23d  of  April,  1784,  relative  to  the  subject  of 
this  ordinance,  be,  and  the  same  are  hereby,  repealed,  and 
declared  null  and  void. 

Done  by  the  United  States,  in  Congress  assembled,  the 
13th  day  of  July,  in  the  year  of  our  Lord  1787,  and  of 
their  sovereignty  and  independence  the  twelfth. 


Constitution  of  the  United  States    1787 

We  the  People  of  the  United  States,  in  Order  to  form  a 
more  perfect  Union,  establish  Justice,  insure  domestic 
Tranquility,  provide  for  the  common  defence,  promote  the 
general  Welfare,  and  secure  the  Blessings  of  Liberty  to 
ourselves  and  our  Posterity,  do  ordain  and  establish  this 
CONSTITUTION  for  the  United  States  of  America. 


ARTICLE     I 

SECTION  1  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  con 
sist  of  a  Senate  and  House  of  Representatives. 

SECTION  2  (1)  The  House  of  Representatives  shall  be 
composed  of  Members  chosen  every  second  Year  by  the 
People  of  the  several  States,  and  the  Electors  in  each  State 
shall  have  the  Qualifications  requisite  for  Electors  of  the 
most  numerous  Branch  of  the  State  Legislature. 

(2)  No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  Age  of  Twenty-five  years,  and  been 
seven  Years  a  Citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

(3)  Representatives   and  direct  Taxes   shall   be  appor 
tioned  among   the   several  States   which  may   be  included 
within  this  Union,  according  to  their  respective  Numbers, 
which  shall  be  determined  by  adding  to  the  whole  Number 
of  free  Persons,  including  those  bound  to   Service  for  a 
Term  of   Years,   and   excluding   Indians  not  taxed,  three 
fifths    of    all    other    Persons.      The    actual    Enumeration 
shall    be   made  within  three  Years   after  the  first   Meet- 

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ing  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  Term  of  ten  Years,  in  such  Manner  as 
they  shall  by  Law  direct.  The  Number  of  Representatives 
shall  not  exceed  one  for  every  thirty  Thousand,  but  each 
State  shall  have  at  Least  one  Representative ;  and  until  such 
enumeration  shall  be  made,  the  State  of  New  Hampshire 
shall  be  entitled  to  chuse  three,  Massachusetts  eight,  Rhode- 
Island  and  Providence  Plantations  one,  Connecticut  five, 
New- York  six,  New  Jersey  four,  Pennsylvania  eight,  Dela 
ware  one,  Maryland  six,  Virginia  ten,  North  Carolina  five, 
South  Carolina  five,  and  Georgia  three. 

(4)  When  vacancies  happen  in  the  Representation  from 
any  State,  the  Executive  Authority  thereof  shall  issue  Writs 
of  Election  to  fill  such  Vacancies. 

(5)  The    House    of    Representatives    shall    chuse    their 
Speaker  and  other  Officers ;  and  shall  have  the  sole  Power  of 
Impeachment. 

SECTION  3(1)  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by  the 
Legislature  thereof,  for  six  Years;  and  each  Senator  shall 
have  one  Vote. 

(2)  Immediately  after  they  shall  be  assembled  in  Conse 
quence  of  the  first  Election,  they  shall  be  divided  as  equally 
as  may  be  into  three  Classes.     The  Seats  of  the  Senators 
of  the  first  Class  shall  be  vacated  at  the  Expiration  of  the 
second  year,  of  the  second  Class  at  the  Expiration  of  the 
fourth  Year,  and  of  the  third  Class  at  the  Expiration  of  the 
sixth  Year,  so  that  one  third  may  be  chosen  every  second 
Year;  and  if  Vacancies  happen  by  Resignation,  or  other 
wise,  during  the  Recess  of  the  Legislature  of  any  State, 
the  Executive  thereof  may  make  temporary  Appointments 
until  the  next  Meeting  of  the  Legislature,  which  shall  then 
fill  such  Vacancies. 

(3)  No  Person  shall  be  a  Senator  who  shall  not  have 

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attained  to  the  Age  of  thirty  Years,  and  been  nine  Years 
a  Citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

(4)  The  Vice  President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  Vote,  unless  they 
be  equally  divided. 

(5)  The  Senate  shall  chuse  their  other  Officers,  and  also 
a  President  pro  tempore,  in  the  Absence  of  the  Vice  Presi 
dent,  or  when  he  shall  exercise  the  Office  of  President  of 
the  United  States. 

(6)  The  Senate  shall  have  the  sole  Power  to  try  all  Im 
peachments.     When  sitting  for  that  Purpose,  they  shall  be 
on  Oath  or  Affirmation.     When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside :  And  no  Per 
son  shall  be  convicted  without  the  Concurrence  of  two  thirds 
of  the  Members  present. 

(7)  Judgment  in  Cases  of  Impeachment  shall  not  extend 
further  than  to  removal  from  Office,  and  disqualification  to 
hold  and  enjoy  any  Office  of  honor,  Trust  or  Profit  under 
the  United  States:  but  the  Party  convicted  shall  neverthe 
less  be  liable  and  subject  to  Indictment,  Trial,  Judgment 
and  Punishment,  according  to  Law. 

SECTION  4  (1)  The  Times,  Places  and  Manner  of  hold 
ing  Elections  for  Senators  and  Representatives,  shall  be 
prescribed  in  each  State  by  the  Legislature  thereof;  but 
the  Congress  may  at  any  time  by  Law  make  or  alter  such 
Regulations,  except  as  to  the  Places  of  causing  Senators. 

(2)  The  Congress  shall  assemble  at  least  once  in  every 
Year,  and  such  Meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  Law  appoint  a  different 
Day. 

SECTION  5  (1)  Each  House  shall  be  the  Judge  of  the 
Elections,  Returns  and  Qualifications  of  its  own  Members, 

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and  a  Majority  of  each  shall  constitute  a  Quorum  to  do  Bus 
iness;  but  a  smaller  Number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  Attendance  of  absent 
Members,  in  such  Manner,  and  under  such  Penalties  as 
each  House  may  provide. 

(2)  Each  House  may  determine  the  Rules  of  its  Proceed 
ings,  punish  its  Members  for  disorderly  Behavior,  and,  with 
the  Concurrence  of  two  thirds,  expel  a  Member. 

(3)  Each  House  shall  keep  a  Journal  of  its  Proceedings, 
and   from  time  to  time  publish  the  same,  excepting  such 
Parts  as  may  in  their  Judgment  require  Secrecy;  and  the 
Yeas  and  Nays  of  the  Members  of  either  House  on  any 
question  shall,  at  the  Desire  of  one  fifth  of  those  present, 
be  entered  on  the  Journal. 

(4)  Neither  House,  during  the  Session  of  Congress,  shall, 
without  the  Consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  Place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

SECTION  6  (1)  The  Senators  and  Representatives  shall 
receive  a  Compensation  for  their  Services,  to  be  ascertained 
by  Law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall  in  all  Cases,  except  Treason,  Felony  and  Breach 
of  the  Peace,  be  privileged  from  Arrest  during  their  Attend 
ance  at  the  Session  of  their  respective  Houses,  and  in  going 
to  and  returning  from  the  same;  and  for  any  Speech  or 
Debate  in  either  House,  they  shall  not  be  questioned  in 
any  other  Place. 

(2)  No  Senator  or  Representative  shall,  during  the  Time 
for  which  he  was  elected,  be  appointed  to  any  civil  Office 
under  the  Authority  of  the  United  States,  which  shall  have 
been  created,  or  the  Emoluments  whereof  shall  have  been 
encreased  during  such  time;  and  no  Person  holding  any 
Office  under  the  United  States,  shall  be  a  Member  of  either 
House  during  his  Continuance  in  Office. 

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SECTION  7(1)  All  Bills  for  raising  Revenue  shall  origi 
nate  in  the  House  of  Representatives;  but  the  Senate  may 
propose  or  concur  with  Amendments  as  on  other  Bills. 

(2)  Every  Bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,,  before  it  become  a 
Law,  be  presented  to  the  President  of  the  United  States; 
If  he  approve  he  shall  sign  it,  but  if  not  he  shall  return 
it,  with  his  Objections  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  Objections  at  large  on  their 
Journal,  and  proceed  to  reconsider  it.    If  after  such  Recon 
sideration  two  thirds  of  that  House  shall  agree  to  pass  the 
Bill,  it  shall  be  sent,  together  with  the  Objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  two  thirds  of  that  House,  it  shall  become  a 
Law.    But  in  all  such  Cases  the  Votes  of  both  Houses  shall 
be  determined  by  Yeas  and  Nays,  and  the  Names  of  the 
Persons  voting  for  and  against  the  Bill  shall  be  entered  on 
the  Journal  of  each  House  respectively.     If  any  Bill  shall 
not  be  returned  by  the  President  within  ten  Days  (Sundays 
excepted)   after  it  shall  have  been  presented  to  him,  the 
Same  shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it, 
unless    the    Congress    by   their    Adjournment    prevent    its 
Return,  in  which  Case  it  shall  not  be  a  Law. 

(3)  Every  Order,  Resolution,  or  Vote  to  which  the  Con 
currence  of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  Adjournment)  shall 
be  presented  to  the  President  of  the  United  States;  and 
before  the   Same  shall  take  Effect,  shall  be  approved  by 
him,  or  being  disapproved  by  him,  shall  be  repassed  by  two 
thirds  of  the  Senate  and  House  of  Representatives,  accord 
ing  to  the  Rules  and  Limitations  prescribed  in  the  Case  of 

1  SECTION  8   (1)   The  Congress  shall  have  Power  To  lay 
and  collect  Taxes,  Duties,  Imposts  and  Excises,  to  pay  t 

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Debts  and  provide  for  the  common  Defence  and  general 
Welfare  of  the  United  States ;  but  all  Duties,  Imposts  and 
Excises  shall  be  uniform  throughout  the  United  States; 

(2)  To    borrow    money    on   the   Credit   of   the    United 
States; 

(3)  To   regulate  Commerce  with  foreign   Nations,  and 
among  the  several  States,  and  with  the  Indian  Tribes; 

(4)  To  establish  an  uniform  Rule  of  Naturalization,  and 
uniform  Laws  on  the  subject  of  Bankruptcies  throughout 
the  United  States; 

(5)  To  coin  Money,  regulate  the  Value  thereof,  and  of 
foreign    Coin,   and  to    fix  the    Standard   of   Weights   and 
Measures ; 

(6)  To   provide   for  the   Punishment   of   counterfeiting 
the  Securities  and  current  Coin  of  the  United  States; 

(7)  To  establish  Post  Offices  and  post  Roads; 

(8)  To    promote   the    Progress    of    Science   and   useful 
Arts,  by  securing  for  limited  Times  to  Authors  and  Inven 
tors  the  exclusive  Right  to  their  respective  Writings  and 
Discoveries ; 

(9)  To   constitute    Tribunals   inferior   to   the    Supreme 
Court ; 

(10)  To  define  and  Punish  Piracies  and  Felonies  com 
mitted  on  the  high  Seas,  and  Offences  against  the  Law  of 
Nations ; 

(11)  To   declare   War,    grant   Letters    of    Marque    and 
Reprisal,  and  make  Rules  concerning  Captures  on  Land  and 
Water; 

(12)  To  raise  and  support  Armies,  but  no  Appropriation 
of  Money  to  that  Use  shall  be  for  a  longer  Term  than  two 
Years ; 

(13)  To  provide  and  maintain  a  Navy; 

(14)  To  make  Rules  for  the  Government  and  Regula 
tion  of  the  land  and  naval  Forces; 

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(15)  To  provide  for  calling  forth  the  Militia  to  execute 
the  Laws  of  the  Union,  suppress  Insurrections  and  repel 
Invasions ; 

(16)  To  provide  for  organizing,  arming,  and  disciplin 
ing,  the  Militia,  and  for  governing  such  Part  of  them  as 
may   be   employed   in   the   Service   of   the   United   States, 
reserving  to  the   States  respectively,  the  Appointment  of 
the    Officers,    and   the    Authority   of   training  the    Militia 
according  to  the  discipline  prescribed  by  Congress ; 

(17)  To  exercise  exclusive  Legislation  in  all  Cases  what 
soever,  over  such  District  (not  exceeding  ten  Miles  square) 
as  may,  by  Cession  of  particular  States,  and  the  Acceptance 
of  Congress,  become  the  Seat  of  the  Government  of  the 
United  States,  and  to  exercise  like  Authority  over  all  Places 
purchased  by  the  Consent  of  the  Legislature  of  the  State 
in  which  the   Same  shall  be,   for  the  Erection  of  Forts, 
Magazines,  Arsenals,  dock- Yards,  and  other  needful  Build 
ings  ; — And 

(18)  To  make  all  Laws  which  shall  be  necessary  and 
proper  for  carrying  into  Execution  the  foregoing  Powers, 
and  all   other  Powers  vested  by  this   Constitution  in  the 
Government  of  the  United  States,  or  in  any  Department 
or  Officer  thereof. 

SECTION  9  (1)  The  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  existing  shall  think  proper 
to  admit,  shall  not  be  prohibited  by  the  Congress  prior  to 
the  Year  one  thousand  eight  hundred  and  eight,  but  a  Tax 
or  Duty  may  be  imposed  on  such  Importation,  not  exceed 
ing  ten  dollars  for  each  Person. 

(2)  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall 
not  be  suspended,  unless  when  in  Cases  of  Rebellion  or 
Invasion  the  public  Safety  may  require  it. 

(3)  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be 
passed. 

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(4)  No   Capitation,   or   other  direct,  tax   shall  be  laid, 
unless  in  Proportion  to  the  Census  or  Enumeration  herein 
before  directed  to  be  taken. 

(5)  No  Tax  or  Duty  shall  be  laid  on  Articles  exported 
from  any  State. 

(6)  No  preference  shall  be  given  by  any  Regulation  of 
Commerce  or  Revenue  to  the  Ports  of  one  State  over  those 
of  another:  nor  shall  Vessels  bound  to,  or  from,  one  State, 
be  obliged  to  enter,  clear,  or  pay  Duties  in  another. 

(7)  No  Money  shall  be  drawn  from  the  Treasury,  but 
in  Consequence   of  Appropriations   made  by  Law;  and   a 
regular  Statement  and  Account  of  the  Receipts  and  Expen 
ditures  of  all  public  Money  shall  be  published  from  time 
to  time. 

(8)  No  Title  of  Nobility  shall  be  granted  by  the  United 
States :  And  no  Person  holding  any  Office  of  Profit  or  Trust 
under  them,  shall,  without  the   Consent  of  the  Congress, 
accept  of  any  present,  Emolument,  Office,  or  Title,  of  any 
kind  whatever,  from  any  King,  Prince,  or  foreign  State. 

,j  SECTION  10  (1)  No  State  shall  enter  into  any  Treaty, 
Alliance,  or  Confederation;  grant  Letters  of  Marque  and 
Reprisal;  coin  Money;  emit  Bills  of  Credit;  make  any 
Thing  but  gold  and  silver  Coin  a  Tender  in  Payment  of 
Debts;  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or 
Law  impairing  the  Obligation  of  Contracts,  or  grant  any 
Title  of  Nobility. 

(2)  No  State  shall,  without  the  Consent  of  the  Congress, 
lay  any  Imposts  or  Duties  on  Imports  or  Exports,  except 
what  may  be  absolutely  necessary  for  executing  it's  inspec 
tion  Laws:  and  the  net  Produce  of  all  Duties  and  Imposts, 
laid  by  any  State  on  Imports  or  Exports,  shall  be  for  the 
Use  of  the  Treasury  of  the  United  States;  and  all  such 
Laws  shall  be  subject  to  the  Revision  and  Controul  of  the 
Congress. 

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(3)  No  State  shall,  without  the  Consent  of  Congress,  lay 
any  Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in 
time  of  Peace,  enter  into  any  Agreement  or  Compact  with 
another  State,  or  with  a  foreign  Power,  or  engage  in  War, 
unless  actually  invaded,  or  in  such  imminent  Danger  as  will 
not  admit  of  Delay. 

ARTICLE     II 

SECTION  1  (1)  The  executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He  shall  hold 
his  Office  during  the  Term  of  four  Years,  and,  together  with 
the  Vice  President,  chosen  for  the  same  Term,  be  elected, 
as  follows: 

(2)  Each  State  shall  appoint,  in  such  Manner  as  the 
Legislature  thereof  may  direct,  a  Number  of  Electors, 
equal  to  the  whole  Number  of  Senators  and  Representatives 
to  which  the  State  may  be  entitled  in  the  Congress:  but  no 
Senator  or  Representative,  or  Person  holding  an  Office  of 
Trust  or  Profit  under  the  United  States,  shall  be  appointed 
an  Elector. 

The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  Persons,  of  whom  one  at  least  shall 
not  be  an  Inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  List  of  all  the  Persons  voted  for,  and 
of  the  Number  of  Votes  for  each;  which  List  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  Seat  of  Govern 
ment  of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  Presence 
of  the  Senate  and  House  of  Representatives,  open  all  the 
Certificates,  and  the  Votes  shall  then  be  counted.  The  Person 
having  the  greatest  Number  of  Votes  shall  be  the  President, 
if  such  Number  be  a  Majority  of  the  whole  Number  of 
Electors  appointed;  and  if  there  be  more  than  one  who  have 
such  Majority  and  have  an  equal  Number  of  Votes,  then 

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the  House  of  Representatives  shall  immediately  chuse  by 
Ballot  one  of  them  for  President;  and  if  no  person  have  a 
Majority,  then  from  the  five  highest  on  the  List  the  said 
House  shall  in  like  Manner  chuse  the  President.  But  in 
chusing  the  President,  the  Votes  shall  be  taken  by  States, 
the  Representation  from  each  State  having  one  Vote;  A 
quorum  for  this  Purpose  shall  consist  of  a  Member  or 
Members  from  two-thirds  of  the  States,  and  a  Majority 
of  all  the  States  shall  be  necessary  to  a  Choice.  In  every 
Case,  after  the  Choice  of  the  President,  the  person  having 
the  greatest  Number  of  Votes  of  the  Electors  shall  be  the 
Vice  President.  But  if  there  should  remain  two  or  more 
who  have  equal  Votes,  the  Senate  shall  chuse  from  them  by 
Ballot  the  Vice-President. 

(3)  The  Congress  may  determine  the  Time  of  chusing 
the  Electors,  and  the  Day  on  which  they  shall  give  their 
Votes ;  which  Day  shall  be  the  same  throughout  the  United 
States. 

(4)  No  Person  except  a  natural  born  Citizen,  or  a  Citi 
zen  of  the  United  States,  at  the  time  of  the  Adoption  of  this 
Constitution,  shall  be  eligible  to  the  Office  of   President; 
neither   shall   any   Person   be   eligible   to   that   Office   who 
shall  not  have  attained  to  the  Age  of  thirty  five  Years,  and 
been  fourteen  Years  a  Resident  within  the  United  States. 

(5)  In  Case  of  the  Removal  of  the  President  from  Office, 
or  of  his  Death,  Resignation,  or  Inability  to  discharge  the 
Powers  and  Duties  of  the  said  Office,  the  same  shall  devolve 
on  the  Vice  President,  and  the  Congress  may  by  Law  pro 
vide  for  the  Case  of  Removal,  Death,  Resignation,  or  In 
ability,  both  of  the  President  and  Vice  President,  declaring 
what  Officer  shall  then  act  as  President,  and  such  Officer  shall 
act  accordingly,  until  the  Disability  be  removed,  or  a  Presi 
dent  shall  be  elected. 

(6)  The  President  shall,  at  stated  Times,  receive  for  his 

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Services,  a  Compensation,  which  shall  neither  be  encreased 
nor  diminished  during  the  Period  for  which  he  shall  have 
been  elected,  and  he  shall  not  receive  within  that  Period 
any  other  Emolument  from  the  United  States,  or  any 
of  them. 

(7)   Before  he  enter  on  the  Execution  of  his  Office,  he 

shall    take    the    following    Oath    or    Affirmation: "I    do 

solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  Office  of  President  of  the  United  States,  and  will  to 
the  best  of  my  Ability,  preserve,  protect  and  defend  the 
Constitution  of  the  United  States." 

SECTION  2  (1)  The  President  shall  be  Commander  in 
Chief  of  the  Army  and  Navy  of  the  United  States,  and  of 
the  Militia  of  the  several  States,  when  called  into  the  actual 
Service  of  the  United  States ;  he  may  require  the  Opinion, 
in  writing,  of  the  principal  Officer  in  each  of  the  executive 
Departments,  upon  any  Subject  relating  to  the  Duties  of 
their  respective  Offices,  and  he  shall  have  Power  to  grant  < 
Reprieves  and  Pardons  for  Offences  against  the  United 
States,  except  in  Cases  of  Impeachment. 

(2)  He  shall  have  Power,  by  and  with  the  Advice  and 
Consent  of  the  Senate,  to  make  Treaties,  provided  two  thirds 
of  the  Senators  present  concur;  and  he  shall  nominate,  and 
by  and  with  the  Advice  and  Consent  of  the  Senate,  shall  ap 
point   Ambassadors,   other   public  Ministers    and  Councils, 
Judges  of  the  supreme  Court,  and  all  other  Officers  of  the 
United  States,  whose  Appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  established  by  Law:  but  the 
Congress  may  by  Law  vest  the  Appointment  of  such  infe 
rior    Officers,    as    they    think    proper,    in    the    President 
alone,   in    the   Courts   of   Law,   or   in   the   Heads    of  De 
partments. 

(3)  The  President  shall  have  Power  to  fill  up  all  Vacan 
cies  that  may  happen  during  the  Recess  of  the  Senate,  by 

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granting  Commissions  which  shall  expire  at  the  End  of 
their  next  Session. 

SECTION  3  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to 
their  Consideration  such  Measures  as  he  shall  judge  neces 
sary  and  expedient;  he  may,  on  extraordinary  Occasions, 
convene  both  Houses,  or  either  of  them,  and  in  Case  of  Dis 
agreement  between  them,  with  Respect  to  the  Time  of 
Adjournment,  he  may  adjourn  them  to  such  Time  as  he  shall 
think  proper ;  he  shall  receive  Ambassadors  and  other  public 
Ministers;  he  shall  take  Care  that  the  Laws  be  faithfully 
executed,  and  shall  Commission  all  the  Officers  of  the  United 
States. 

SECTION  4  The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 
on  Impejachment  for,  and  Conviction  of,  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. 

ARTICLE     III 

SECTION  1  The  judicial  Power  of  the  United  States,  shall 
be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  establish. 
The  Judges,  both  of  the  supreme  and  inferior  Courts,  shall 
hold  their  Offices  during  good  Behavior,  and  shall,  at  stated 
Times,  receive  for  their  Services,  a  Compensation,  which 
shall  not  be  diminished  during  their  Continuance  in  Office. 

SECTION  2  (1)  The  judicial  Power  shall  extend  to  all 
Cases,  in  Law  and  Equity,  arising  under  this  Constitution, 
the  Laws  of  the  United  States,  and  Treaties  made,  or  which 
shall  be  made,  under  their  Authority; — to  all  Cases  affecting 
Ambassadors,  other  public  Ministers  and  Consuls; — to  all 
Cases  of  admiralty  and  maritime  Jurisdiction; — to  Contro 
versies  to  which  the  United  States  shall  be  a  Party ; — to  Con- 

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troversies  between  two  or  more  States ;— between  a  State 
and  Citizens  of  another  State ;— between  Citizens  of  differ 
ent  States,— between  Citizens  of  the  same  State  claiming 
Lands  under  Grants  of  different  States,  and  between  a  State, 
or  the  Citizens  thereof,  and  foreign  States,  Citizens  or 
Subjects. 

(2)  In  all   Cases   affecting   Ambassadors,   other   public 
Ministers  and  Consuls,  and  those  in  which  a  State  shall  be 
a  Party,  the  supreme  Court  shall  have  original  Jurisdiction. 
In  all  the  other  Cases  before  mentioned,  the  supreme  Court 
shall  have  appellate  Jurisdiction,  both  as  to  Law  and  Fact, 
with  such  Exceptions,  and  under  such  Regulations  as  the 
Congress  shall  make. 

(3)  The  Trial  of  all  Crimes,  except  in  Cases  of  Impeach 
ment,  shall  be  by  Jury;  and  such  Trial  shall  be  held  in  the 
State  where  the  said  Crimes  shall  have  been  committed ;  but 
when  not  committed  within  any  State,  the  Trial  shall  be 
at  such  Place  or  Places  as  the  Congress  may  by  Law  have 
directed. 

SECTION  3  (1)  Treason  against  the  United  States,  shall 
consist  only  in  levying  War  against  them,  or  in  adhering  to 
their  Enemies,  giving  them  Aid  and  Comfort.  No  Person 
shall  be  convicted  of  Treason  unless  on  the  Testimony  of 
two  Witnesses  to  the  same  overt  Act,  or  on  Confession  in 
open  Court. 

(2)  The  Congress  shall  have  Power  to  declare  the  Punish 
ment  of  Treason,  but  no  Attainder  of  Treason  shall  work 
Corruption  of  Blood,  or  Forfeiture  except  during  the  Life 
of  the  Person  attainted. 


ARTICLE    IV 


SECTION  1   Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Records,  and  judicial  Proceedings 

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of  every  other  State.  And  the  Congress  may  by  general 
Laws  prescribe  the  Manner  in  which  such  Acts,  Records  and 
Proceedings  shall  be  proved,  and  the  Effect  thereof. 

SECTION  2  (1)  The  Citizens  of  each  State  shall  be 
entitled  to  all  Privileges  and  Immunities  of  Citizens  in  the 
several  States. 

(2)  A  person  charged  in  any  State  with  Treason,  Felony, 
or  other  Crime,  who  shall  flee  from  Justice,  and  be  found  in 
another  State,  shall  on  Demand  of  the  executive  Authority 
of  the   State  from  which   he   fled,  be  delivered  up  to  be 
removed  to  the  State  having  Jurisdiction  of  the  Crime. 

(3)  No  Person  held  to  Service  or  Labour  in  one  State, 
under   the  Laws  thereof,  escaping  into  another,  shall,   in 
Consequence   of   any   Law  or    Regulation  therein,  be   dis 
charged  from  such  Service  or  Labour,  but  shall  be  delivered 
up  on  Claim  of  the  Party  to  whom  such  Service  or  Labour 
may  be  due. 

SECTION  3(1)  New  States  may  be  admitted  by  the  Con 
gress  into  this  Union ;  but  no  new  State  shall  be  formed  or 
erected  within  the  Jurisdiction  of  any  other  State;  nor  any 
State  be  formed  by  the  Junction  of  two  or  more  States,  or 
Parts  of  States,  without  the  Consent  of  the  Legislatures  of 
the  States  concerned  as  well  as  of  the  Congress. 

(2)  The  Congress  shall  have  Power  to  dispose  of  and 
make  all  needful  Rules  and  Regulations  respecting  the 
Territory  or  other  Property  belonging  to  the  United  States ; 
and  nothing  in  this  Constitution  shall  be  so  construed  as  to 
Prejudice  any  Claims  of  the  United  States,  or  of  any  par 
ticular  State. 

SECTION  4  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government,  and 
shall  protect  each  of  them  against  Invasion;  and  on  Appli 
cation  of  the  Legislature,  or  of  the  Executive  (when  the 
Legislature  cannot  be  convened)  against  domestic  Violence. 

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ARTICLE    V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Consti 
tution,  or,  on  the  Application  of  the  Legislature  of  two 
thirds  of  the  several  States,  shall  call  a  Convention  for 
proposing  Amendments,  which,  in  either  Case,  shall  be  valid 
to  all  Intents  and  Purposes,  as  Part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three  fourths  of  the 
several  States,  or  by  Conventions  in  three  fourths  thereof, 
as  the  one  or  the  other  Mode  of  Ratification  may  be  proposed 
by  the  Congress ;  Provided  that  no  Amendment  which  may  be 
made  prior  to  the  Year  One  thousand  eight  hundred  and 
eight  shall  in  any  Manner  affect  the  first  and  fourth  Clauses 
in  the  Ninth  Section  of  the  first  Article;  and  that  no  State, 
without  its  Consent,  shall  be  deprived  of  its  equal  Suffrage 
in  the  Senate. 

ARTICLE    VI 

(1)  All  Debts  contracted  and  Engagements  entered  into, 
before  the  Adoption  of  this  Constitution,  shall  be  as  valid 
against  the  United  States  under  this  Constitution,  as  under 
the  Confederation. 

(2)  This  Constitution,  and  the  Laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof ;  and  all  Treaties 
made,  or  which  shall  be  made,  under  the  Authority  of  the 
United  States,  shall  be  the  supreme  Law  of  the  Land;  and 
the  Judges  in  every  State  shall  be  bound  thereby,  any  Thing 
in  the  Constitution  or  Laws  of  any  State  to  the  Contrary 
notwithstanding. 

(3)  The  Senators  and  Representatives  before  mentioned, 
and  the  Members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  Officers,  both  of  the  United  States  and 

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of  the  several  States,  shall  be  bound  by  Oath  or  Affirmation, 
to  support  this  Constitution ;  but  no  religious  Test  shall  ever 
be  required  as  a  Qualification  to  any  Office  or  public  Trust 
under  the  United  States. 


ARTICLE    VII 

The  Ratification  of  the  Conventions  of  nine  States,  shall 
be  sufficient  for  the  Establishment  of  this  Constitution 
between  the  States  so  ratifying  the  Same. 

DONE  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September  in  the 
Year  of  our  Lord  one  thousand  seven  hundred  and 
Eighty  seven  and  of  the  Independence  of  the  United 
States  of  America  the  Twelfth.  In  Witness  whereof 
We  have  hereunto  subscribed  our  Names, 

G?  WASHINGTON 
Presidt.  and  Deputy  from  Virginia. 

New  Hampshire 
JOHN  LANGDON  NICHOLAS  OILMAN 

Massachusetts 
NATHANIEL  GORHAM  RUFUS  KING 

Connecticut 
WM.  SAML.  JOHNSON  ROGER  SHERMAN 

New  York 

ALEXANDER  HAMILTON 

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New  Jersey 

WIL:  LIVINGSTON  WM.  PATTERSON 

DAVID  BREARLEY  JONA:  DAYTON 

Pennsylvania 

B.  FRANKLIN  THOS.  FITZSIMONS 

THOMAS  MIFFLIN  JARED  INGERSOLL 

ROBT.  MORRIS  JAMES  WILSON 

GEO.  CLYMER  Gouv.  MORRIS 


Delaware 

GEO.  READ  RICHARD  BASSETT 

GUNNING  BEDFORD,  JUN      JACO:  BROOM 
JOHN  DICKINSON 

Maryland 

JAMES  McHENRY  DANL.  CARROLL 

DAN  OF  ST.  THOS.  JENIFER 

Virginia  ^ 

JOHN  BLAIR  JAMES  MADISON,  Jr 

North  Carolina 

WM.  BLOUNT  Hu.  WILLIAMSON 

RICHD  DOBBS  SPAIGHT 

South   Carolina 

J0  RUTLEDGE  CHARLES  PINCKNEY 

CHARLES  COTESWORTH  PIERCE  BUTLER 

PlNCKNEY 

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Georgia 

WILLIAM  FEW  ABU.  BALDWIN 

Attest  WILLIAM  JACKSON  Secretary 

Amendments 

Articles  in  Addition  to,  and  Amendment  of,  the  Constitu 
tion  of  the  United  States  of  America,  Proposed  by  Con 
gress,  and  Ratified  by  the  Legislatures  of  the  Several  States 
Pursuant  to  the  Fifth  Article  of  the  Original  Constitution. 

ARTICLE    I 

Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 

ARTICLE     II 

A  well  regulated  Militia,  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
Arms,  shall  not  be  infringed. 

ARTICLE    III 

No  Soldier  shall,  in  time  of  peace  be  quartered  in  any 
'house,  without  the  consent  of  the  Owner,  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE     IV 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 

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and  seizures,  shall  not  be  violated,  and  no  Warrants  shall 
issue,  but  upon  probable  cause,  supported  by  Oath  or  affirma 
tion,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 


ARTICLE      V 

No  person  shall  be  held  to  answer  for  a  capital,  or  other 
wise  infamous  crime,  unless  on  a  presentment  or  indictment 
of  a  Grand  Jury,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  Militia,  when  in  actual  service  in  time  of 
War  or  in  public  danger;  nor  shall  any  person  be  subject 
for  the  same  offence  to  be  twice  put  in  jeopardy  of  life  or 
limb;  nor  shall  be  compelled  in  any  Criminal  Case  to  be 
a  witness  against  himself,  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law;  nor  shall  private 
property  be  taken  for  public  use,  without  just  compensation. 

ARTICLE      VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer 
tained  by  law,  and  to  be  informed  of  the  nature  and  cause  of 
the  accusation;  to  be  confronted  with  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  Witnesses 
in  his  favor,  and  to  have  the  Assistance  of  Counsel  for  his 
defence. 

ARTICLE     VII 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  j  ury  shall  be  otherwise 

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re-examined  in  any  Court  of  the  United  States,  than  accord 
ing  to  the  rules  of  the  common  law. 


ARTICLE     VIII 


Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 


ARTICLE      IX 


The  enumeration  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 


ARTICLE    x 


The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 


ARTICLE      XI 

The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  United  States  by  Citizens 
of  another  State,  or  by  Citizens  or  Subjects  of  any  Foreign 
State. 

ARTICLE     XII 

The  Electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  state 
with  themselves ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice-President,  and  they  shall  make  distinct 

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lists  of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice-President,  and  of  the  number  of  votes  for 
each,  which  lists  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  President  of  the  Senate; — The  President  of 
the  Senate  shall,  in  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates  and  the  votes  shall 
then  be  counted; — The  person  having  the  greatest  number 
of  votes  for  President,  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers  not  exceeding  three 
on  the  list  of  those  voted  for  as  President,  the  House  of 
Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  states,  the  representation  from  each  state  hav 
ing  one  vote;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  President. 
The  person  having  the  greatest  number  of  votes  as  Vice- 
President,  shall  be  the  Vice-President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed,  and 
if  no  person  have  a  majority,  then  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice-Presi 
dent;  a  quorum  for  the  purpose  shall  consist  of  two-tKirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice-President  of  the  United  States. 

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ARTICLE     XIII 

SECTION  1  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

SECTION  2  Congress  shall  have  power  to  enforce  this 
prticle  by  appropriate  legislation. 

ARTICLE     XIV 

SECTION  1  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States  and  of  the  State  wherein  they  reside. 
No  State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States ; 
nor  shall  any  State  deprive  any  person  of  life,  liberty,  or 
property,  without  due  process  of  law;  nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

SECTION  2  Representatives  shall  be  apportioned  among 
the  several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  exclud 
ing  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice 
President  of  the  United  States,  Representatives  in  Con 
gress,  the  Executive  and  Judicial  officers  of  a  State,  or  the 
members  of  the  Legislature  thereof,  is  denied  to  any  of  the 
male  inhabitants  of  such  States,  being  twenty-one  years  of 
age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  in 
the  proportion  which  the  number  of  such  male  citizens  shall 
bear  to  the  whole  number  of  male  citizens  twenty-one  years 
of  age  in  such  State. 

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SECTION  3  No  person  shall  be  a  Senator  or  Representa 
tive  in  Congress,  or  elector  of  President  and  Vice  President, 
or  hold  any  office,  civil  or  military,  under  the  United  States, 
or  under  any  State,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may  by  a 
vote  of  two-thirds  of  each  House,  remove  such  disability. 

SECTION  4  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for  pay 
ment  of  pensions  and  bounties  for  services  in  suppressing 
insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  State  shall  assume  or 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrection 
or  rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave;  but  all  such  debts,  obli 
gations  and  claims  shall  be  held  illegal  and  void. 

SECTION  5  The  Congress  shall  have  power  to  enforce, 
by  appropriate  legislation,  the  provisions  of  this  article. 

ARTICLE     XV 

SECTION  1  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  State  on  account  of  race,  color,  or  previous  condi 
tion  of  servitude. 

SECTION  2  The  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 


117 


Washington's   First   Inaugural  Address    1789 

Fellow-Citizens : 

Among  the  vicissitudes  incident  to  life,  no  event  could 
have  filled  me  with  greater  anxieties,  than  that  of  which 
the  notification  was  transmitted  by  your  order,  and  re 
ceived  on  the  14th  day  of  the  present  month.  On  the  one 
hand,  I  was  summoned  by  my  country,  whose  voice  I  can 
never  hear  but  with  veneration  and  love,  from  a  retreat 
which  I  had  chosen  with  the  fondest  predilection,  and,  in 
my  flattering  hopes,  with  an  immutable  decision,  as  the 
asylum  of  my  declining  years ;  a  retreat  which  was  ren 
dered  every  day  more  necessary  as  well  as  more  dear  to 
me,  by  the  addition  of  habit  to  inclination,  and  of  frequent 
interruptions  in  my  health  to  the  gradual  waste  committed 
on  it  by  time.  On  the  other  hand,  the  magnitude  and  diffi 
culty  of  the  trust,  to  which  the  voice  of  my  country  called 
me,  being  sufficient  to  awaken  in  the  wisest  and  most  ex 
perienced  of  her  citizens  a  distrustful  scrutiny  into  his 
qualifications,  could  not  but  overwhelm  with  despondence 
one,  who,  inheriting  inferior  endowments  from  nature,  and 
unpracticed  in  the  duties  of  civil  administration,  ought  to 
be  peculiarly  conscious  of  his  own  deficiencies.  In  this 
conflict  of  emotions,  all  I  dare  aver  is,  that  it  has  been  my 
faithful  study  to  collect  my  duty  from  a  just  appreciation 
of  every  circumstance  by  which  it  might  be  affected.  All 
I  dare  hope  is,  that,  if  in  executing  this  task,  I  have  been 
too  much  swayed  by  a  grateful  remembrance  of  former  in 
stances,  or  by  an  affectionate  sensibility  to  this  transcen 
dent  proof  of  the  confidence  of  my  fellow-citizens;  and 
have  thence  too  little  consulted  my  incapacity  as  well  as 
disinclination  for  the  weighty  and  untried  cares  before  me ; 

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NATIONAL    DOCUMENTS 

my  error  will  be  palliated  by  the  motives  which  misled  me 
and  its  consequences  be  judged  by  my  country  with  some 

the  partiality  in  which  they  originated. 
Such  being  the  impressions  under  which  I  have,  in  obedi 
ence  to  the  public  summons,  repaired  to  the  present  station, 
t  would  be  peculiarly  improper  to  omit,  in  this  first  official 
^ct,  my  fervent  supplications  to  that  Almighty  Being   who 
rules   over  the  universe,  who  presides   in  the  councils  of 
itions,  and  whose  providential  aids  can  supply  every  hu 
man   defect,   that  his   benediction   may   consecrate   to  the 
liberties  and  happiness  of  the  people  of  the  United  States 
a  government  instituted  by  themselves  for  these  essential 
purposes,  and  may  enable  every  instrument  employed  in 
its    administration   to   execute   with   success   the   functions 
allotted  to  his  charge.     In  tendering  this  homage  to  the 
great  Author  of  every  public  and  private  good,  I  assure 
myself  that  it  expresses  your  sentiments  not  less  than  my 
own;  nor  those  of  my  fellow-citizens  at  large,  less  than 
either.     No  people  can  be  bound  to  acknowledge  and  adore 
the  invisible  hand,  which  conducts  the  affairs  of  men,  more 
than  the  people  of  the   United   States.     Every  step,  by 
which  they  have  advanced  to  the  character  of  an  independ 
ent   nation,    seems    to    have   been    distinguished    by    some 
token  of  providential  agency.    And,  in  the  important  revo 
lution  just  accomplished  in  the  system  of  their  united  gov 
ernment,  the  tranquil  deliberations  and  voluntary  consent 
of  so  many  distinct  communities,  from  which  the  event  has 
resulted,   cannot  be  compared  with  the  means   by  which 
most  governments  have  been  established,  without  some  re 
turn  of  pious  gratitude  along  with  an  humble  anticipation 
of  the  future  blessings  which  the  past  seems  to  presage. 
These  reflections,  arising  out  of  the  present  crisis,  have 
forced   themselves   too   strongly  on   my  mind  to   be   sup 
pressed.     You  will  join  with  me,  I  trust,  in  thinking  that 

119 


NATIONAL     DOCUMENTS 

there  are  none,  under  the  influence  of  which  the  proceed 
ings  of  a  new  and  free  government  can  more  auspiciously 
commence. 

By  the  article  establishing  the  executive  department,  it 
is  made  the  duty  of  the  President  "to  recommend  to  your 
consideration  such  measures  as  he  shall  judge  necessary 
and  expedient."  The  circumstances,  under  which  I  now 
meet  you,  will  acquit  me  from  entering  into  that  subject 
farther  than  to  refer  you  to  the  great  constitutional  charter 
under  which  we  are  assembled ;  and  which,  in  defining  your 
powers,  designates  the  objects  to  which  your  attention  is 
to  be  given.  It  will  be  more  consistent  with  those  circum 
stances,  and  far  more  congenial  with  the  feelings  which 
actuate  me,  to  substitute,  in  place  of  a  recommendation  of 
particular  measures,  the  tribute  that  is  due  to  the  talents, 
the  rectitude,  and  the  patriotism,  which  adorn  the  char 
acters  selected  to  devise  and  adopt  them.  In  these  honor 
able  qualifications  I  behold  the  surest  pledges,  that  as,  on 
one  side,  no  local  prejudices  or  attachments,  no  separate 
views  or  party  animosities,  will  misdirect  the  comprehensive 
and  equal  eye,  which  ought  to  watch  over  this  great 
assemblage  of  communities  and  interests;  so,  on  another, 
that  the  foundations  of  our  national  policy  will  be  laid  in 
the  pure  and  immutable  principles  of  private  morality,  and 
the  preeminence  of  a  free  government  be  exemplified  by 
all  the  attributes,  which  can  win  the  affections  of  its  citi 
zens,  and  command  the  respect  of  the  world. 

I  dwell  on  this  prospect  with  every  satisfaction,  which 
an  ardent  love  for  my  country  can  inspire;  since  there  is 
no  truth  more  thoroughly  established,  than  that  there  ex 
ists  in  the  economy  and  course  of  nature  an  indissoluble 
union  between  virtue  and  happiness,  between  duty  and 
advantage,  between  the  genuine  maxims  of  an  honest  and 
magnanimous  policy,  and  the  solid  rewards  of  public  pros- 

120 


NATIONAL     DOCUMENTS 

perity  and  felicity;  since  we  ought  to  be  no  less  persuaded 
that  the  propitious  smiles  of  Heaven  can  never  be  expected 
on  a  nation  that  disregards  the  eternal  rules  of  order  and 
right,  which  Heaven  itself  has  ordained;  and  since  the 
preservation  of  the  sacred  fire  of  liberty,  and  the  destiny 
of  the  republican  model  of  government,,  are  justly  con 
sidered  as  deeply,  perhaps  as  finally  staked  on  the  experi 
ment  intrusted  to  the  hands  of  the  American  people. 

Besides  the  ordinary  objects  submitted  to  your  care,  it 
will  remain  with  your  judgment  to  decide,  how  far  an  ex 
ercise  of  the  occasional  power  delegated  by  the  fifth  article 
of  the  Constitution  is  rendered  expedient  at  the  present 
juncture  by  the  nature  of  objections  which  have  been  urged 
against  the  system,  or  by  the  degree  of  inquietude  which 
has  given  birth  to  them.  Instead  of  undertaking  particu 
lar  recommendations  on  this  subject,  in  which  I  could  be 
guided  by  no  lights  derived  from  official  opportunities,  I 
shall  again  give  way  to  my  entire  confidence  in  your  dis 
cernment  and  pursuit  of  the  public  good;  for  I  assure  my 
self,  that,  whilst  you  carefully  avoid  every  alteration,  which 
might  endanger  the  benefits  of  a  united  and  effective  gov 
ernment,  or  which  ought  to  await  the  future  lessons  of 
experience,  a  reverence  for  the  characteristic  rights  of 
freemen,  and  a  regard  for  the  public  harmony,  will  suffi 
ciently  influence  your  deliberations  on  the  question,  how 
far  the  former  can  be  more  impregnably  fortified,  or  the 
latter  be  safely  and  advantageously  promoted. 

To  the  preceding  observations  I  have  one  to  add,  which 
will  be  most  properly  addressed  to  the  House  of  Repre 
sentatives.  It  concerns  myself,  and  will  therefore  be  as 
brief  as  possible.  When  I  was  first  honored  with  a  call 
into  the  service  of  my  country,  then  on  the  eve  of  an  ardu 
ous  struggle  for  its  liberties,  the  light  in  which  I  contem 
plated  my  duty  required,  that  I  should  renounce  every 

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pecuniary  compensation.  From  this  resolution  I  have  in 
no  instance  departed.  And  being  still  under  the  impres 
sions  which  produced  it,  I  must  decline  as  inapplicable  to 
myself  any  share  in  the  personal  emoluments,  which  may 
be  indispensably  included  in  a  permanent  provision  for  the 
executive  department;  and  must  accordingly  pray,  that  the 
pecuniary  estimates  for  the  station  in  which  I  am  placed 
may,  during  my  continuance  in  it,  be  limited  to  such  actual 
expenditures  as  the  public  good  may  be  thought  to  require. 
Having  thus  imparted  to  you  my  sentiments,  as  they  have 
been  awakened  by  the  occasion  which  brings  us  together, 
I  shall  take  my  present  leave;  but  not  without  resorting 
once  more  to  the  benign  Parent  of  the  human  race,  in 
humble  supplication,  that,  since  he  has  been  pleased  to 
favor  the  American  people  with  opportunities  for  deliber 
ating  in  perfect  tranquillity,  and  dispositions  for  deciding 
with  unparalleled  unanimity  on  a  form  of  government  for 
the  security  of  their  union  and  the  advancement  of  their 
happiness;  so  his  divine  blessing  may  be  equally  conspicu 
ous  in  the  enlarged  views,  the  temperate  consultations,  and 
the  wise  measures,  on  which  the  success  of  this  government 
must  depend. 


122 


Washington's  Second  Inaugural  Address    1793 

Fellow-Citizens : 

I  am  again  called  by  the  voice  of  my  country  to  execute 
the  functions  of  its  Chief  Magistrate.  When  the  occasion 
proper  for  it  shall  arrive  I  shall  endeavor  to  express  the 
high  sense  I  entertain  of  this  distinguished  honor,  and  of 
the  confidence  which  has  been  reposed  in  me  by  the  people 
of  united  America. 

Previous  to  the  execution  of  any  official  act  of  the  Presi 
dent  the  Constitution  requires  an  oath  of  office.  This  oath 
I  am  now  about  to  take,  and  in  your  presence:  That  if  it 
shall  be  found  during  my  administration  of  the  government 
I  have  in  any  instance  violated  willingly  or  knowingly  the 
injunctions  thereof,  I  may  (besides  incurring  constitu 
tional  punishment)  be  subject  to  the  upbraidings  of  all 
who  are  witnesses  of  the  present  solemn  ceremony. 


Proclamation  of  Neutrality  1793 

Whereas  it  appears  that  a  state  of  war  exists  between 
Austria,  Prussia,  Sardinia,  Great  Britain,  and  the  United 
Netherlands,  of  the  one  part,  and  France  on  the  other;  and 
the  duty  and  interest  of  the  United  States  require,  that 
they  should  with  sincerity  and  good  faith  adopt  and  pur 
sue  a  conduct  friendly  and  impartial  toward  the  belligerent 
Powers : 

I  have  therefore  thought  fit  by  these  presents  to  declare 
the  disposition  of  the  United  States  to  observe  the  conduct 
aforesaid  toward  those  Powers  respectively;  and  to  exhort 
and  warn  the  citizens  of  the  United  States  carefully  to 
avoid  all  acts  and  proceedings  whatsoever,  which  may  in 
any  manner  tend  to  contravene  such  disposition. 

And  I  do  hereby  also  make  known,  that  whosoever  of  the 
citizens  of  the  United  States  shall  render  himself  liable  to 
punishment  or  forfeiture  under  the  law  of  nations,  by  com 
mitting,  aiding,  or  abetting  hostilities  against  any  of  the 
said  Powers,  or  by  carrying  to  any  of  them  those  articles 
which  are  deemed  contraband  by  the  modern  usage  of  na 
tions,  will  not  receive  the  protection  of  the  United  States, 
against  such  punishment  or  forfeiture;  and  further,  that  I 
have  given  instructions  to  those  officers,  to  whom  it  belongs, 
to  cause  prosecutions  to  be  instituted  against  all  persons, 
who  shall,  within  the  cognizance  of  the  courts  of  the  United 
States,  violate  the  law  of  nations,  with  respect  to  the  Powers 
at  war,  or  any  of  them. 

In  testimony  whereof,  I  have  caused  the  seal  of  the 
United  States  of  America  to  be  affixed  to  these  presents, 

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NATIONAL    DOCUMENTS 

and  signed  the  same  with  my  hand.  Done  at  the  city  of 
Philadelphia,  the  twenty-second  day  of  April,  one  thousand 
seven  hundred  and  ninety-three,  and  of  the  Independence 
of  the  United  States  of  America  the  seventeenth. 

G?  WASHINGTON 


125 


Treaty  with  the  Six  Nations    1794 

The  President  of  the  United  States  having  determined 
to  hold  a  conference  with  the  Six  Nations  of  Indians,  for 
the  purpose  of  removing  from  their  minds  all  causes  of 
complaint,  and  establishing  a,  firm  and  permanent  friend 
ship  with  them;  and  Timothy  Pickering  being  appointed 
sole  agent  for  that  purpose;  and  the  agent  having  met  and 
conferred  with  the  Sachems,  Chiefs  and  Warriors  of  the 
Six  Nations,  in  a  general  council:  Now  in  order  to  accom 
plish  the  good  design  of  this  conference,  the  parties  have 
agreed  on  the  following  articles,  which,  when  ratified  by 
the  President,  with  the  advice  and  consent  of  the  Senate 
of  the  United  States,  shall  be  binding  on  them  and  the 
Six  Nations. 

ARTICLE    I 

Peace  and  friendship  are  hereby  firmly  established,  and 
shall  be  perpetual,  between  the  United  States  and  the  Six 
Nations. 

ARTICLE    II 

The  United  States  acknowledge  the  lands  reserved  to 
the  Oneida,  Onondaga  and  Cayuga  Nations,  in  their 
respective  treaties  with  the  state  of  New  York,  and  called 
their  reservations,  to  be  their  property;  and  the  United 
States  will  never  claim  the  same,  nor  disturb  them  or  either 
of  the  Six  Nations,  nor  their  Indian  friends  residing  thereon 
and  united  with  them,  in  the  free  use  and  enj  oyment  thereof : 
but  the  said  reservations  shall  remain  theirs,  until  they 
choose  to  sell  the  same  to  the  people  of  the  United  States 
who  have  right  to  purchase. 

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ARTICLE     III 

The  land  of  the  Seneka  nation  is  bounded  as  follows- 
Beginning  on  Lake  Ontario,  at  the  north-west  corner  of  the 
land  they   sold  to   Oliver  Phelps,  the   line  runs   westerly 
along  the  lake,  as  far  as  O-yong-wong-yeh  Creek,  at  John 
son's  Landing-place,  about  four  miles  eastward  from  the 
fort  of  Niagara;  then  southerly  up  that  creek  to  its  main 
fork,  then  straight  to  the  main  fork  of  Stedman's  Creek, 
which  empties  into  the  river  Niagara,  above  Fort  Schlos- 
ser,    and    then    onward,    from    that    fork,    continuing   the 
same     straight    course,    to    that    river;     (this    line,    from 
the  mouth  of  O-yong-wong-yeh  Creek  to  the  river  Niagara, 
above  Fort  Schlosser,  being  the  eastern  boundary  of  a  strip 
of  land,  extending  from  the  same  line  to  Niagara  River, 
which  the  Seneka  nation  ceded  to  the  King  of  Great  Britain, 
at  a  treaty  held  about  thirty  years  ago,  with  Sir  William 
Johnson;)   then  the  line  runs   along  the  river  Niagara  to 
Lake  Erie;  then  along  Lake  Erie  to  the  north-east  corner 
of  a  triangular  piece  of  land  which  the  United  States  con 
veyed  to  the  state  of  Pennsylvania,  as  by  the  President's 
patent,  dated  the  third  day  of  March,  1792;  then  due  south 
to  the  northern  boundary  of  that  state ;  then  due  east  to  the 
south-west  corner  of  the  land  sold  by  the  Seneka  nation  to 
Oliver  Phelps ;  and  then  north  and  northerly,  along  Phelps's 
line,  to  the  place  beginning  on  Lake  Ontario.     Now,  the 
United  States  acknowledge  all  the  land  within  the  afore 
mentioned  boundaries,  to  be  the   property  of  the  Seneka 
nation ;  and  the  United  States  will  never  claim  the  same,  nor 
disturb  the  Seneka  nation,  nor  any  of  the  Six  Nations,  or 
their  Indian  friends  residing  thereon  and  united  with  them, 
in  the  free  use  and  enjoyment  thereof:  but  it  shall  remain 
theirs,  until  they  choose  to  sell  the  same  to  the  people  of 
the  United  States,  who  have  the  right  to  purchase. 

127 


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ARTICLE     IV 

The  United  States  having  thus  described  and  acknowl 
edged  what  lands  belong  to  the  Oneidas,  Onondagas, 
Cayugas,  and  Senekas,  and  engaged  never  to  claim  the  same, 
nor  to  disturb  them,  or  any  of  the  Six  Nations,  or  their 
Indian  friends  residing  thereon  and  united  with  them,  in 
the  free  use  and  enjoyment  thereof:  Now  the  Six  Nations, 
and  each  of  them,  hereby  engage  that  they  will  never  claim 
any  other  lands  within  the  boundaries  of  the  United  States ; 
nor  ever  disturb  the  people  of  the  United  States  in  the  free 
use  and  enjoyment  thereof. 


ARTICLE    V 

The  Seneka  nation,  all  others  of  the  Six  Nations  con 
curring,  cede  to  the  United  States  the  right  of  making  a 
wagon  road  from  Fort  Schlosser  to  Lake  Erie,  as  far  south 
as  BufFaloe  Creek;  and  the  people  of  the  United  States 
shall  have  the  free  and  undisturbed  use  of  this  road,  for  the 
purposes  of  travelling  and  transportation.  And  the  Six 
Nations,  and  each  of  them,  will  forever  allow  to  the  people 
of  the  United  States,  a  free  passage  through  their  lands, 
and  the  free  use  of  their  harbors  and  rivers  adjoining  and 
within  their  respective  tracts  of  land,  for  the  passing  and 
securing  of  vessels  and  boats,  and  liberty  to  land  their  car 
goes  when  necessary  for  their  safety. 

ARTICLE     VI 

In  consideration  of  the  peace  and  friendship  hereby 
established,  and  of  the  engagements  entered  into  by  the 
Six  Nations;  and  because  the  United  States  desire,  with 

128 


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humanity  and  kindness,  to  contribute  to  their  comfortable 
support;  and  to  render  the  peace  and  friendship  hereby 
established  strong  and  perpetual;  the  United  States  now 
deliver  to  the  Six  Nations,  and  the  Indians  of  the  other 
nations  residing  among  and  united  with  them,  a  quantity 
of  goods  of  the  value  of  ten  thousand  dollars.  And  for 
the  same  considerations,  and  with  a  view  to  promote  the 
future  welfare  of  the  Six  Nations,  and  of  their  Indian 
friends  aforesaid,  the  United  States  will  add  the  sum  of 
three  thousand  dollars  to  the  one  thousand  five  hundred 
dollars,  heretofore  allowed  them  by  an  article  ratified  by 
the  President,  on  the  twenty-third  day  of  April  1 792 ;  mak 
ing  in  the  whole,  four  thousand  five  hundred  dollars ;  which 
shall  be  expended  yearly  forever,  in  purchasing  clothing, 
domestic  animals,  implements  of  husbandry  and  other 
utensils  suited  to  their  circumstances,  and  in  compensating 
useful  artificers,  who  shall  reside  with  them  or  near  them, 
and  be  employed  for  their  benefit.  The  immediate  applica 
tion  of  the  whole  annual  allowance  now  stipulated,  to  be 
made  by  the  superintendent  appointed  by  the  President  for 
the  affairs  of  the  Six  Nations,  and  their  Indian  friends 
aforesaid. 

ARTICLE     VII 

Lest  the  firm  peace  and  friendship  now  established  should 
be  interrupted  by  the  misconduct  of  individuals,  the  United 
States  and  Six  Nations  agree,  that  for  injuries  done  by 
individuals  on  either  side,  no  private  revenge  or  retaliation 
shall  take  place;  but,  instead  thereof,  complaint  shall  be 
made  by  the  party  injured,  to  the  other:  By  the  Six  Nations 
or  any  of  them,  to  the  President  of  the  United  States,  or 
the  Superintendent  by  him  appointed:  and  by  the  Super 
intendent,  or  other  person  appointed  by  the  President,  to 
the  principal  chiefs  of  the  Six  Nations,  or  of  the  nation  to 

129 


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which  the  offender  belongs:  and  such  prudent  measures 
shall  then  be  pursued  as  shall  be  necessary  to  preserve  our 
peace  and  friendship  unbroken;  until  the  legislature  (or 
great  council)  of  the  United  States  shall  make  the  equitable 
provision  for  the  purpose. 

NOTE  :  It  is  clearly  understood  by  the  parties  to  this  treaty, 
that  the  annuity  stipulated  in  the  sixth  article,  is  to  be 
applied  to  the  benefit  of  such  of  the  Six  Nations  and  of 
their  Indian  friends  united  with  them  as  aforesaid,  as  do 
or  shall  reside  within  the  boundaries  of  the  United  States: 
for  the  United  States  do  not  interfere  with  nations,  tribes 
or  families,  of  Indians  elsewhere  resident. 


130 


Treaty  with  Great  Britain     1794 

Treaty  of  Amity,  Commerce  and  Navigation,  between  His 
Britannic  Majesty  and  the  United  States  of  America,  by 
their  President,  with  the  Advice  and  Consent  of  their  Sen 
ate,  Concluded  at  London  November  19,  1794;  Ratifications 
Exchanged  October  28,  1795;  Proclaimed  February  29, 
1796.  Articles  XI  to  XXVII,  inclusive,  of  this  treaty  ex 
pired  by  limitation. 

His  Britannic  Majesty  and  the  United  States  of  America, 
being  desirous,  by  a  treaty  of  amity,  commerce,  and  naviga 
tion,  to  terminate  their  differences  in  such  a  manner,  as, 
without  reference  to  the  merits  of  their  respective  com 
plaints  and  pretentions,  may  be  the  best  calculated  to  pro 
duce  mutual  satisfaction  and  good  understanding;  and  also 
to  regulate  the  commerce  and  navigation  between  their 
respective  countries,  territories,  and  people,  in  such  a  manner 
as  to  render  the  same  reciprocally  beneficial  and  satisfactory ; 
they  have,  respectively,  named  their  Plenipotentiaries,  and 
given  them  full  powers  to  treat  of,  and  conclude  the  said 
treaty,  that  is  to  say : 

His  Britannic  Majesty  has  named  for  his  Plenipoten 
tiary,  the  Right  Honorable  William  Wyndham  Baron  Gren- 
ville  of  Wotton,  one  of  His  Majesty's  Privy  Council,  and 
His  Majesty's  Principal  Secretary  of  State  for  Foreign 
Affairs;  and  the  President  of  the  United  States,  by  and 
with  the  advice  and  consent  of  the  Senate  thereof,  hath 
appointed  for  their  Plenipotentiary,  the  Honorable  John 
Jay,  Chief  Justice  of  the  said  United  States,  and  their 
Envoy  Extraordinary  to  His  Majesty; 

Who  have  agreed  on  and  concluded  the  following  articles : 

131 


NATIONAL     DOCUMENTS 


ARTICLE    I 

There  shall  be  a  firm,  inviolable  and  universal  peace, 
and  a  true  and  sincere  friendship  between  His  Britannic 
Majesty,  his  heirs  and  successors,  and  the  United  States 
of  America;  and  between  their  respective  countries,  terri 
tories,  cities,  towns  and  people  of  every  degree,  without 
exception  of  persons  or  places. 


ARTICLE    II 

His  Majesty  will  withdraw  all  his  troops  and  garrisons 
from  all  posts  and  places  within  the  boundary  lines  assigned 
by  the  treaty  of  peace  to  the  United  States.  This  evacua 
tion  shall  take  place  on  or  before  the  first  day  of  June,  one 
thousand  seven  hundred  and  ninety-six,  and  all  the  proper 
measures  shall  in  the  interval  be  taken  by  concert  between 
the  Government  of  the  United  States  and  His  Majesty's 
Governor-General  in  America,  for  settling  the  previous 
arrangements  which  may  be  necessary  respecting  the 
delivery  of  the  said  posts:  The  United  States  in  the  mean 
time,  at  their  discretion,  extending  their  settlements  to  any 
part  of  the  said  boundary  line,  except  within  the  precincts 
or  jurisdiction  of  the  said  posts.  All  settlers  and  traders, 
within  the  precincts  or  jurisdiction  of  the  said  posts,  shall 
continue  to  enjoy,  unmolested,  all  their  property  of  every 
kind,  and  shall  be  protected  therein.  They  shall  be  at  full 
liberty  to  remain  there,  or  to  remove  with  all  or  any  part  of 
their  effects ;  and  it  shall  also  be  free  to  them  to  sell  their 
lands,  houses,  or  effects,  or  to  retain  the  property  thereof, 
at  their  discretion;  such  of  them  as  shall  continue  to  reside 
within  the  said  boundary  lines,  shall  not  be  compelled  to 
become  citizens  of  the  United  States,  or  to  take  any  oath 

132 


NATIONAL     DOCUMENTS 

of  allegiance  to  the  Government  thereof;  but  they  shall  be 
at  full  liberty  so  to  do  if  they  think  proper,  and  they  shall 
make  and  declare  their  election  within  one  year  after  the 
evacuation  aforesaid.  And  all  persons  who  shall  continue 
there  after  the  expiration  of  the  said  year,  without  having 
declared  their  intention  of  remaining  subjects  of  His  Bri 
tannic  Majesty,  shall  be  considered  as  having  elected  to 
become  citizens  of  the  United  States. 


ARTICLE    III 

It  is  agreed  that  it  shall  at  all  times  be  free  to  His 
Majesty's  subjects,  and  to  the  citizens  of  the  United  States, 
and  also  to  the  Indians  dwelling  on  either  side  of  the  said 
boundary  line,  freely  to  pass  and  repass  by  land  or  inland 
navigation,  into  the  respective  territories  and  countries  of 
the  two  parties,  on  the  continent  of  America,  (the  country 
within  the  limits  of  the  Hudson's  Bay  Company  only 
excepted,)  and  to  navigate  all  the  lakes,  rivers,  and  waters 
thereof,  and  freely  to  carry  on  trade  and  commerce  with 
each  other.  But  it  is  understood  that  this  article  does  not 
extend  to  the  admission  of  vessels  of  the  United  States 
into  the  sea-ports,  harbours,  bays,  or  creeks  of  His  Maj  esty's 
said  territories;  nor  into  such  parts  of  the  rivers  in  His  Maj 
esty's  said  territories  as  are  between  the  mouth  thereof,  and 
the  highest  port  of  entry  from  the  sea,  except  in  small  vessels 
trading  bona  fide  between  Montreal  and  Quebec,  under  such 
regulations  as  shall  be  established  to  prevent  the  possibility 
of  any  frauds  in  this  respect.  Nor  to  the  admission  of  Brit 
ish  vessels  from  the  sea  into  the  rivers  of  the  United  States, 
beyond  the  highest  ports  of  entry  for  foreign  vessels  from 
the  sea.  The  river  Mississippi  shall,  however,  according  to 
the  treaty  of  peace,  be  entirely  open  to  both  parties ;  and  it 
is  further  agreed,  that  all  the  ports  and  places  on  its  eastern 

133 


NATIONAL     DOCUMENTS 

side,  to  whichsoever  of  the  parties  belonging,  may  freely 
be  resorted  to  and  used  by  both  parties,  in  as  ample  a 
manner  as  any  of  the  Atlantic  ports  or  places  of  the  United 
States,  or  any  of  the  ports  or  places  of  His  Majesty  in 
Great  Britain. 

All  goods  and  merchandize  whose  importation  into  His 
Majesty's  said  territories  in  America  shall  not  be  entirely 
prohibited,  may  freely,  for  the  purposes  of  commerce,  be 
carried  into  the  same  in  the  manner  aforesaid,  by  the  citi 
zens  of  the  United  States,  and  such  goods  and  merchandize 
shall  be  subject  to  no  higher  or  other  duties  than  would  be 
payable  by  His  Majesty's  subjects  on  the  importation  of 
the  same  from  Europe  into  the  said  territories.  And  in 
like  manner,  all  goods  and  merchandize  whose  importation 
into  the  United  States  shall  not  be  wholly  prohibited,  may 
freely,  for  the  purposes  of  commerce,  be  carried  into  the 
same,  in  the  manner  aforesaid,  by  His  Majesty's  subjects, 
and  such  goods  and  merchandize  shall  be  subject  to  no 
higher  or  other  duties  than  would  be  payable  by  the  citizens 
of  the  United  States  on  the  importation  of  the  same  in 
American  vessels  into  the  Atlantic  ports  of  the  said  States. 
And  all  goods  not  prohibited  to  be  exported  from  the  said 
territories  respectively,  may  in  like  manner  be  carried  out 
of  the  same  by  the  two  parties  respectively,  paying  duty 
as  aforesaid. 

No  duty  of  entry  shall  ever  be  levied  by  either  party  on 
peltries  brought  by  land  or  inland  navigation  into  the  said 
territories  respectively,  nor  shall  the  Indians  passing  or 
repassing  with  their  own  proper  goods  and  effects  of  what 
ever  nature,  pay  for  the  same  any  impost  or  duty  whatever. 
But  goods  in  bales,  or  other  large  packages,  unusual  among 
Indians,  shall  not  be  considered  as  goods  belonging  bona 
fide  to  Indians. 

No  higher  or  other  tolls  or  rates  of  ferriage  than  what 

134 


NATIONAL     DOCUMENTS 

are  or  shall  be  payable  by  natives,  shall  be  demanded  on 
either  side;  and  no  duties  shall  be  payable  on  any  goods 
which  shall  merely  be  carried  over  any  of  the  portages  or 
carrying-places  on  either  side,  for  the  purpose  of  being 
immediately  re-imbarked  and  carried  to  some  other  place 
or  places.  But  as  by  this  stipulation  it  is  only  meant  to  se 
cure  to  each  party  a  free  passage  across  the  portages  on  both 
sides,  it  is  agreed  that  this  exemption  from  duty  shall  extend 
only  to  such  goods  as  are  carried  in  the  usual  and  direct 
road  across  the  portage,  and  are  not  attempted  to  be  in  any 
manner  sold  or  exchanged  during  their  passage  across  the 
same,  and  proper  regulations  may  be  established  to  prevent 
the  possibility  of  any  frauds  in  this  respect. 

As  this  article  is  intended  to  render  in  a  great  degree  the 
local  advantages  of  each  party  common  to  both,  and  thereby 
to  promote  a  disposition  favorable  to  friendship  and  good 
neighborhood,  it  is  agreed  that  the  respective  Governments 
will  mutually  promote  this  amicable  intercourse,  by  causing 
speedy  and  impartial  justice  to  be  done,  and  necessary 
protection  to  be  extended  to  all  who  may  be  concerned 
therein. 

ARTICLE     IV 

Whereas  it  is  uncertain  whether  the  river  Mississippi 
extends  so  far  to  the  northward  as  to  be  intersected  by  a 
line  to  be  drawn  due  west  from  the  Lake  of  the  Woods, 
in  the  manner  mentioned  in  the  treaty  of  peace  between 
His  Majesty  and  the  United  States:  it  is  agreed  that 
measures  shall  be  taken  in  concert  between  His  Majesty's 
Government  in  America  and  the  Government  of  the  United 
States,  for  making  a  joint  survey  of  the  said  river  from  one 
degree  of  latitude  below  the  falls  of  St.  Anthony,  to  the 
principal  source  or  sources  of  the  said  river,  and  also  of  the 
parts  adjacent  thereto;  and  that  if,  on  the  result  of  such 

135 


NATIONAL     DOCUMENTS 

survey,  it  should  appear  that  the  said  river  would  not  be 
intersected  by  such  a  line  as  is  above  mentioned,  the  two 
parties  will  thereupon  proceed,  by  amicable  negotiation,  to 
regulate  the  boundary  line  in  that  quarter,  as  well  as  all 
other  points  to  be  adjusted  between  the  said  parties,  accord 
ing  to  justice  and  mutual  convenience  and  in  conformity 
to  the  intent  of  the  said  treaty. 

ARTICLE    V 

Whereas  doubts  have  arisen  what  river  was  truly  intended 
under  the  name  of  the  river  St.  Croix,  mentioned  in  the 
said  treaty  of  peace,  and  forming  a  part  of  the  boundary 
therein  described;  that  question  shall  be  referred  to  the 
final  decision  of  commissioners  to  be  appointed  in  the  fol 
lowing  manner,  viz: 

One  commissioner  shall  be  named  by  His  Majesty,  and 
one  by  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate  thereof,  and  the  said 
two  commissioners  shall  agree  on  the  choice  of  a  third;  or 
if  they  cannot  so  agree,  they  shall  each  propose  one  person, 
and  of  the  two  names  so  proposed,  one  shall  be  drawn  by 
lot  in  the  presence  of  the  two  original  commissioners.  And 
the  three  commissioners  so  appointed  shall  be  sworn, 
impartially  to  examine  and  decide  the  said  question,  accord 
ing  to  such  evidence  as  shall  respectively  be  laid  before 
them  on  the  part  of  the  British  Government  and  of  the 
United  States.  The  said  commissioners  shall  meet  at  Hali 
fax,  and  shall  have  power  to  adjourn  to  such  other  place 
or  places  as  they  shall  think  fit.  They  shall  have  power  to 
appoint  a  secretary,  and  to  employ  such  surveyors  or  other 
persons  as  they  shall  judge  necessary.  The  said  commis 
sioners  shall,  by  a  declaration,  under  their  hands  and  seals, 
decide  what  river  is  the  river  St.  Croix,  intended  by  the  treaty. 

136 


NATIONAL    DOCUMENTS 

The  said  declaration  shall  contain  a  description  of  the  said 
river,  and  shall  particularize  the  latitude  and  longitude  of 
its  mouth  and  of  its  source.  Duplicates  of  this  declaration 
and  of  the  statements  of  their  accounts,  and  of  the  journal 
of  their  proceedings,  shall  be  delivered  by  them  to  the  agent 
of  His  Majesty,  and  to  the  agent  of  the  United  States, 
who  may  be  respectively  appointed  and  authorized  to  man 
age  the  business  on  behalf  of  the  respective  Governments. 
And  both  parties  agree  to  consider  such  decision  as  final  and 
conclusive,  so  as  that  the  same  shall  never  thereafter  be 
called  into  question,  or  made  the  subject  of  dispute  or  differ 
ence  between  them. 

ARTICLE    VI 

Whereas  it  is  alledged  by  divers  British  merchants  and 
others  His  Majesty's  subjects,  that  debts,  to  a  consider 
able  amount,  which  were  bona  fide  contracted  before  the 
peace,  still  remain  owing  to  them  by  citizens  or  inhabi 
tants  of  the  United  States,  and  that  by  the  operation  of 
various  lawful  impediments  since  the  peace,  not  only  the 
full  recovery  of  the  said  debts  has  been  delayed,  but  also 
the  value  and  security  thereof  have  been,  in  several  instances, 
impaired  and  lessened,  so  that,  by  the  ordinary  course  of 
judicial  proceedings,  the  British  creditors  cannot  now  ob 
tain,  and  actually  have  and  receive  full  and  adequate  com 
pensation  for  the  losses  and  damages  which  they  have 
thereby  sustained :  It  is  agreed,  that  in  all  such  cases,  where 
full  compensation  for  such  losses  and  damages  cannot,  for 
whatever  reason,  be  actually  obtained,  had  and  received 
by  the  said  creditors  in  the  ordinary  course  of  justice,  the 
United  States  will  make  full  and  complete  compensation 
for  the  same  to  the  said  creditors :  But  it  is  distinctly  under 
stood,  that  this  provision  is  to  extend  to  such  losses  only  as 
have  been  occasioned  by  the  lawful  impediments  aforesaid, 

137 


NATIONAL     DOCUMENTS 

and  is  not  to  extend  to  losses  occasioned  by  such  insolvency 
of  the  debtors  or  other  causes  as  would  equally  have  oper 
ated  to  produce  such  loss,  if  the  said  impediments  had  not 
existed;  nor  to  such  losses  or  damages  as  have  been 
occasioned  by  the  manifest  delay  or  negligence,  or  wilful 
omission  of  the  claimant. 

For  the  purpose  of  ascertaining  the  amount  of  any  such 
losses  and  damages,  five  commissioners  shall  be  appointed  and 
authorized  to  meet  and  act  in  manner  following,  viz:  Two 
of  them  shall  be  appointed  by  His  Majesty,  two  of  them 
by  the  President  of  the  United  States  by  and  with  the  advice 
and  consent  of  the  Senate  thereof,  and  the  fifth  by  the 
unanimous  voice  of  the  other  four;  and  if  they  should  not 
agree  in  such  choice,  then  the  commissioners  named  by  the 
two  parties  shall  respectively  propose  one  person,  and  of 
the  two  names  so  proposed,  one  shall  be  drawn  by  lot,  in 
the  presence  of  the  four  original  commissioners.  When  the 
five  commissioners  thus  appointed  shall  first  meet,  they 
shall,  before  they  proceed  to  act,  respectively  take  the  fol 
lowing  oath,  or  affirmation,  in  the  presence  of  each  other; 
which  oath,  or  affirmation,  being  so  taken  and  duly  attested, 
shall  be  entered  on  the  record  of  their  proceedings,  viz: 
I,  A.  B.,  one  of  the  commissioners  appointed  in  pursuance 
of  the  sixth  article  of  the  Treaty  of  Amity,  Commerce,  and 
Navigation,  between  His  Britannic  Majesty  and  the  United 
States  of  America,  do  solemnly  swear  (or  affirm)  that  I 
will  honestly,  diligently,  impartially,  and  carefully  examine, 
and  to  the  best  of  my  judgment,  according  to  justice  and 
equity,  decide  all  such  complaints,  as  under  the  said  arti 
cle  shall  be  preferred  to  the  said  commissioners:  and  that 
I  will  forbear  to  act  as  a  commissioner,  in  any  case  in  which 
I  may  be  personally  interested. 

Three  of  the  said  commissioners  shall  constitute  a  board, 
and  shall  have  power  to  do  any  act  appertaining  to  the  said 

138 


NATIONAL     DOCUMENTS 

commission,  provided  that  one  of  the  commissioners  named 
on  each  side,  and  the  fifth  commissioner  shall  be  present 
and  all  decisions   shall  be  made   by  the  majority  of  the 
voices  of  the  commissioners  then  present.    Eighteen  months 
from  the  day  on  which  the  said  commissioners  shall  form  a 
board,  and  be  ready  to  proceed  to  business,  are  assigned  for 
receiving  complaints  arid  applications ;  but  they  are  neverthe 
less  authorized,   in  any  particular   cases  in  which  it  shall 
appear  to  them  to  be  reasonable  and  just,  to  extend  the  said 
term  of  eighteen  months,  for  any  term  not  exceeding  six 
months,   after  the   expiration  thereof.     The  said  commis 
sioners  shall  first  meet  at  Philadelphia,  but  they  shall  have 
power  to  adjourn  from  place  to  place  as  they  shall  see  cause. 
The  said  commissioners  in  examining  the  complaints  and 
applications    so    preferred    to    them,    are    empowered    and 
required,  in  pursuance  of  the  true  intent  and  meaning  of 
this    article,    to    take    into    their    consideration    all   claims, 
whether  of  principal  or  interest,  or  balances  of  principal 
and  interest,  and  to  determine  the  same  respectively,  accord 
ing  to  the  merits  of  the  several  cases,  due  regard  being  had 
to  all  the  circumstances  thereof,  and  as  equity  and  justice 
shall  appear  to   them  to  require.     And  the  said  commis 
sioners  shall  have  power  to  examine  all  such  persons  as  shall 
come   before    them,   on    oath   or    affirmation,  touching    the 
premises ;  and  also  to  receive  in  evidence,  according  as  they 
may  think  most  consistent  with  equity  and  justice,  all  written 
depositions,    or    books,    or   papers,    or    copies,    or    extracts 
thereof;   every   such  deposition,   book,   or  paper,  or  copy, 
or   extract,   being  duly   authenticated,   either  according  to 
the  legal  form  now  respectively  existing  in  the  two  countries, 
or  in  such  other  manner  as  the  said  commissioners  shall  see 
cause  to  require  or  allow. 

The  award  of  the  said  commissioners,  or  of  any  three  of 
them  as  aforesaid,  shall  in  all  cases  be  final  and  conclusive, 

139 


NATIONAL     DOCUMENTS 

both  as  to  the  justice  of  the  claim,  and  to  the  amount  of  the 
sum  to  be  paid  to  the  creditor  or  claimant;  and  the  United 
States  undertake  to  cause  the  sum  so  awarded  to  be  paid 
in  specie  to  such  creditor  or  claimant  without  deduction; 
and  at  such  time  or  times  and  at  such  place  or  places,  as 
shall  be  awarded  by  the  said  commissioners;  and  on  condi 
tion  of  such  releases  or  assignments  to  be  given  by  the 
creditor  or  claimant,  as  by  the  said  commissioners  may  be 
directed:  Provided  always,  that  no  such  payment  shall  be 
fixed  by  the  said  commissioners  to  take  place  sooner  than 
twelve  months  from  the  day  of  the  exchange  of  the  ratifica 
tions  of  this  treaty. 

ARTICLE     VII 

Whereas  complaints  have  been  made  by  divers  merchants 
and  others,  citizens  of  the  United  States,  that  during  the 
course  of  the  war  in  which  His  Majesty  is  now  engaged, 
they  have  sustained  considerable  losses  and  damage,  by 
reason  of  irregular  or  illegal  captures  or  condemnations 
of  their  vessels  and  other  property,  under  color  of  authority 
or  commissions  from  His  Majesty,  and  that  from  various 
circumstances  belonging  to  the  said  cases,  adequate  com 
pensation  for  the  losses  and  damages  so  sustained  cannot 
now  be  actually  obtained,  had,  and  received  by  the  ordinary 
course  of  judicial  proceedings;  it  is  agreed,  that  in  all  such 
cases,  where  adequate  compensation  cannot,  for  whatever 
reason,  be  now  actually  obtained,  had,  and  received  by  the 
said  merchants  and  others,  in  the  ordinary  course  of  justice, 
full  and  complete  compensation  for  the  same  will  be  made 
by  the  British  Government  to  the  said  complainants.  But 
it  is  distinctly  understood  that  this  provision  is  not  to  extend 
to  such  losses  or  damages  as  have  been  occasioned  by  the 
manifest  delay  or  negligence,  or  wilful  omission  of  the 
claimant. 

140 


NATIONAL     DOCUMENTS 

for  the  purpose  of  ascertaining  the  amounl  „ 
such  losses  and  damages,  five  commissioners  shall  be 


That  for  the  purpose  of  ascertaining  the  amount  of  any 
Bh  losses  and  damages,  five  commissioners  shall  be  ap 
pointed  and  authorized  to  act  in  London,   exactly  in  the 


manner  directed  with  respect  to  those  mentioned  in  the 
preceding  article,  and  after  having  taken  the  same  oath 
or  affirmation  (mutatis  mutandis),  the  same  term  of  eigh 
teen  months  is  also  assigned  for  the  reception  of  claims,  and 
they  are  in  like  manner  authorized  to  extend  the  same  in 
particular  cases.  They  shall  receive  testimony,  books, 
papers,  and  evidence  in  the  same  latitude,  and  exercise  the 
like  discretion  and  powers  respecting  that  subject;  and  shall 
decide  the  claims  in  question  according  to  the  merits  of  the 
several  cases,  and  to  justice,  equity,  and  the  laws  of  nations. 
The  award  of  the  said  commissioners,  or  any  such  three  of 
them  as  aforesaid,  shall  in  all  cases  be  final  and  conclusive, 
both  as  to  the  justice  of  the  claim,  and  the  amount  of  the 
sum  to  be  paid  to  the  claimant;  and  His  Britannic  Majesty 
undertakes  to  cause  the  same  to  be  paid  to  such  claimant  in 
specie,  without  any  deduction,  at  such  place  or  places,  and  at 
such  time  or  times,  as  shall  be  awarded  by  the  said  commis 
sioners,  and  on  condition  of  such  releases  or  assignments  to 
be  given  by  the  claimant,  as  by  the  said  commissioners  may  be 
directed. 

And  whereas  certain  merchants  and  others,  His  Majesty's 
subjects,  complain  that,  in  the  course  of  the  war,  they  have 
sustained  loss  and  damage  by  reason  of  the  capture  of  their 
vessels  and  merchandise,  taken  within  the  limits  and  juris 
diction  of  the  States  and  brought  into  the  ports  of  the  same, 
or  taken  by  vessels  originally  armed  in  ports  of  the  said 
States : 

It  is  agreed  that  in  all  such  cases  where  restitution  shall  not 
have  been  made  agreeably  to  the  tenor  of  the  letter  from  Mr. 
Jefferson  to  Mr.  Hammond,  dated  at  Philadelphia,  Sept.  5, 
1793,  a  copy  of  which  is  annexed  to  this  treaty;  the  com- 

141 


NATIONAL     DOCUMENTS 

plaints  of  the  parties  shall  be  and  hereby  are  referred  to  the 
commissioners  to  be  appointed  by  virtue  of  this  article,  who 
are  hereby  authorized  and  required  to  proceed  in  the  like 
manner  relative  to  these  as  to  the  other  cases  committed  to 
them;  and  the  United  States  undertake  to  pay  to  the  com 
plainants  or  claimants  in  specie,  without  deduction,  the 
amount  of  such  sums  as  shall  be  awarded  to  them  respec 
tively  by  the  said  commissioners,  and  at  the  times  and  places 
which  in  such  awards  shall  be  specified ;  and  on  condition  of 
such  releases  or  assignments  to  be  given  by  the  claimants  as 
in  the  said  awards  may  be  directed :  And  it  is  further  agreed, 
that  not  only  the  now-existing  cases  of  both  descriptions, 
but  also  all  such  as  shall  exist  at  the  time  of  exchanging  the 
ratifications  of  this  treaty,  shall  be  considered  as  being  within 
the  provisions,  intent,  and  meaning  of  this  article. 

ARTICLE     VIII 

It  is  further  agreed  that  the  commissioners  mentioned  in 
this  and  in  the  two  preceding  articles  shall  be  respectively 
paid  in  such  manner  as  shall  be  agreed  between  the  two 
parties,  such  agreement  being  to  be  settled  at  the  time  of 
the  exchange  of  the  ratifications  of  this  treaty.  And  all  other 
expences  attending  the  said  commissions  shall  be  defrayed 
jointly  by  the  two  parties,  the  same  being  previously  ascer 
tained  and  allowed  by  the  majority  of  the  commissioners. 
And  in  the  case  of  death,  sickness  or  necessary  absence,  the 
place  of  every  such  commissioner  respectively  shall  be  sup 
plied  in  the  same  manner  as  such  commissioner  was  first 
appointed,  and  the  new  commissioners  shall  take  the  same 
oath  or  affirmation  and  do  the  same  duties. 


142 


NATIONAL    DOCUMENTS 


ARTICLE  IX 

It  is  agreed  that  British  subjects  who  now  hold  lands  in 
the  territories  of  the  United  States,  and  American  citizens 
who  now  hold  lands  in  the  dominions  of  His  Majesty,  shall 
continue  to  hold  them  according  to  the  nature  and  tenure  of 
their  respective  estates  and  titles  therein;  and  may  grant, 
sell,  or  devise  the  same  to  whom  they  please,  in  like  manner 
as  if  they  were  natives ;  and  that  neither  they  nor  their  heirs 
or  assigns  shall,  so  far  as  may  respect  the  said  lands  and 
the  legal  remedies  incident  thereto,  be  regarded  as  aliens. 

ARTICLE    X 

Neither  the  debts  due  from  individuals  of  the  one  nation 
to  individuals  of  the  other,  nor  shares,  nor  monies,  which 
they  may  have  in  the  public  funds,  or  in  the  public  or  private 
banks,  shall  ever  in  any  event  of  war  or  national  differences 
be  sequestered  or  confiscated,  it  being  unjust  and  impolitic 
that  debts  and  engagements  contracted  and  made  by  indi 
viduals,  having  confidence  in  each  other  and  in  their  respec 
tive  Governments,  should  ever  be  destroyed  or  impaired  by 
national  authority  on  account  of  national  differences  and 
discontents. 


ARTICLE    XI 


It  is  agreed  between  His  Majesty  and  the  United  States 
of  America,  that  there  shall  be  a  reciprocal  and  entirely  per 
fect  liberty  of  navigation  and  commerce  between  their 
respective  people,  in  the  manner,  under  the  limitations,  and 
on  the  conditions  specified  in  the  following  articles. 


ARTICLE    XII 

[This  article  was  stricken  out  by  the  Senate] 
143 


NATIONAL     DOCUMENTS 


ARTICLE    XIII 

His  Majesty  consents  that  the  vessels  belonging  to  the  citi 
zens  of  the  United  States  of  America  shall  be  admitted  and 
hospitably  received  in  all  the  sea-ports  and  harbors  of  the 
British  territories  in  the  East  Indies.  And  that  the  citizens 
of  the  said  United  States  may  freely  carry  on  a  trade  between 
the  said  territories  and  the  said  United  States,  in  all  articles 
of  which  the  importation  or  exportation  respectively,  to  or 
from  the  said  territories,  shall  not  be  entirely  prohibited. 
Provided  only,  that  it  shall  not  be  lawful  for  them  in  any  time 
of  war  between  the  British  Government  and  any  other  Power 
or  State  whatever,  to  export  from  the  said  territories,  without 
the  special  permission  of  the  British  Government  there,  any 
military  stores,  or  naval  stores,  or  rice.  The  citizens  of  the 
United  States  shall  pay  for  their  vessels  when  admitted  into 
the  said  ports  no  other  or  higher  tonnage  duty  than  shall  be 
payable  on  British  vessels  when  admitted  into  the  ports  of 
the  United  States.  And  they  shall  pay  no  other  or  higher 
duties  or  charges,  on  the  importation  or  exportation  of  the 
cargoes  of  the  said  vessels,  than  shall  be  payable  on  the  same 
articles  when  imported  or  exported  in  British  vessels.  But 
it  is  expressly  agreed  that  the  vessels  of  the  United  States 
shall  not  carry  any  of  the  articles  exported  by  them  from  the 
said  British  territories  to  any  port  or  place,  except  to  some 
port  or  place  in  America,  where  the  same  shall  be  unladen, 
and  such  regulations  shall  be  adopted  by  both  parties  as 
shall  from  time  to  time  be  found  necessary  to  enforce  the 
due  and  faithful  observance  of  this  stipulation.  It  is  also 
understood  that  the  permission  granted  by  this  article  is  not 
to  extend  to  allow  the  vessels  of  the  United  States  to  carry 
on  any  part  of  the  coasting  trade  of  the  said  British  terri 
tories  ;  but  vessels  going  with  their  original  cargoes,  or  part 

144 


NATIONAL     DOCUMENTS 

thereof,  from  one  port  of  discharge  to  another,  are  not  to  be 
:onsidered  as  carrying  on  the  coasting  trade.     Neither  is 
his  article  to  be  construed  to  allow  the  citizens  of  the  said 
tes  to  settle  or  reside  within  the  said  territories,  or  to  go 
the  interior  parts  thereof,  without  the  permission  of  the 
British   Government   established  there;   and  if  any  trans 
gression  should  be  attempted  against  the  regulations  of  the 
British  Government  in  this  respect,  the  observance  of  the 
same  shall   and  may  be  enforced  against  the  citizens  of 
America  in  the  same  manner  as  against  British  subjects  or 
others  transgressing  the  same  rule.    And  the  citizens  of  the 
United  States,  whenever  they  arrive  in  any  port  or  harbour 
in  the  said  territories,  or  if  they  should  be  permitted,  in 
manner  aforesaid,   to  go  to  any  other  place  therein,  shall 
always  be  subject  to  the  laws,  government,  and  jurisdiction 
of  what  nature  established  in  such  harbor,  port,  or  place, 
according  as  the  same  may  be.     The  citizens  of  the  United 
States  may  also  touch  for  refreshment  at  the  island  of  St. 
Helena,  but  subject  in  all  respects  to  such  regulations  as 
the  British  Government  may  from  time  to  time  establish 
there. 


ARTICLE    XIV 


There  shall  be  between  all  the  dominions  of  His  Majesty 
in  Europe  and  the  territories  of  the  United  States  a  recipro 
cal  and  perfect  liberty  of  commerce  and  navigation.  The 
people  and  inhabitants  of  the  two  countries,  respectively, 
shall  have  liberty,  freely  and  securely,  and  without  hindrance 
and  molestation,  to  come  with  their  ships  and  cargoes  to 
the  lands,  countries,  cities,  ports,  places,  and  rivers  within 
the  dominions  and  territories  aforesaid,  to  enter  into  the 
same,  to  resort  there,  and  to  remain  and  reside  there,  without 
any  limitation  of  time.  Also  to  hire  and  possess  houses  and 
warehouses  for  the  purposes  of  their  commerce,  and  gener- 

145 


NATIONAL     DOCUMENTS 

ally  the  merchants  and  traders  on  each  side  shall  enjoy  the 
most  complete  protection  and  security  for  their  commerce; 
but  subj  ect  always  as  to  what  respects  this  article  to  the  laws 
and  statutes  of  the  two  countries  respectively. 


ARTICLE    XV 

It  is  agreed  that  no  other  or  higher  duties  shall  be  paid 
by  the  ships  or  merchandize  of  the  one  party  in  the  ports 
of  the  other  than  such  as  are  paid  by  the  like  vessels  or 
merchandize  of  all  other  nations.  Nor  shall  any  other  or 
higher  duty  be  imposed  in  one  country  on  the  importation 
of  any  articles  tke  growth,  produce,  or  manufacture  of  the 
other,  than  are  or  shall  be  payable  on  the  importation  of 
the  like  articles  being  of  the  growth,  produce,  or  manufac 
ture  of  any  other  foreign  country.  Nor  shall  any  prohibition 
be  imposed  on  the  exportation  or  importation  of  any  articles 
to  or  from  the  territories  of  the  two  parties  respectively, 
which  shall  not  equally  extend  to  all  other  nations. 

But  the  British  Government  reserves  to  itself  the  right 
of  imposing  on  American  vessels  entering  into  the  British 
ports  in  Europe  a  tonnage  duty  equal  to  that  which  shall  be 
payable  by  British  vessels  in  the  ports  of  America ;  and  also 
such  duty  as  may  be  adequate  to  countervail  the  difference  of 
duty  now  payable  on  the  importation  of  European  and 
Asiatic  goods,  when  imported  into  the  United  States  in 
British  or  in  American  vessels. 

The  two  parties  agree  to  treat  for  the  more  exact  equaliza 
tion  of  the  duties  on  the  respective  navigation  of  their  sub 
jects  and  people,  in  such  manner  as  may  be  most  beneficial 
to  the  two  countries.  The  arrangements  for  this  purpose 
shall  be  made  at  the  same  time  with  those  mentioned  at  the 
conclusion  of  the  twelfth  article  of  this  treaty,  and  are  to  be 
considered  as  a  part  thereof.  In  the  interval  it  is  agreed 

146 


NATIONAL    DOCUMENTS 

that  the  United  States  will  not  impose  any  new  or  additional 
tonnage  duties  on  British  vessels,  nor  increase  the  now- 
subsisting  difference  between  the  duties  payable  on  the 
importation  of  any  articles  in  British  or  in  American  vessels. 


ARTICLE  XVI 

It  shall  be  free  for  the  two  contracting  parties,  respec 
tively,  to  appoint  Consuls  for  the  protection  of  trade,  to 
reside  in  the  dominions  and  territories  aforesaid;  and  the 
said  Consuls  shall  enjoy  those  liberties  and  rights  which 
belong  to  them  by  reason  of  their  function.  But  before  any 
Consul  shall  act  as  such,  he  shall  be  in  the  usual  forms 
approved  and  admitted  by  the  party  to  whom  he  is  sent ;  and 
it  is  hereby  declared  to  be  lawful  and  proper  that,  in  case 
of  illegal  or  improper  conduct  towards  the  laws  or  Govern 
ment,  a  Consul  may  either  be  punished  according  to  law,  if 
the  laws  will  reach  the  case,  or  be  dismissed,  or  even  sent 
back,  the  offended  Government  assigning  to  the  other  their 
reasons  for  the  same. 

Either  of  the  parties  may  except  from  the  residence  of 
Consuls  such  particular  places  as  such  party  shall  judge 
proper  to  be  so  excepted. 

ARTICLE    XVII 

It  is  agreed  that  in  all  cases  where  vessels  shall  be  cap 
tured  or  detained  on  just  suspicion  of  having  on  board 
enemy's  property,  or  of  carrying  to  the  enemy  any  of  the 
articles  which  are  contraband  of  war,  the  said  vessel  shall 
be  brought  to  the  nearest  or  most  convenient  port;  and  if 
any  property  of  an  enemy  should  be  found  on  board  such 
vessel,  that  part  only  which  belongs  to  the  enemy  shall  be 
made  prize,  and  the  vessel  shall  be  at  liberty  to  proceed 

147 


NATIONAL    DOCUMENTS 

with  the  remainder  without  any  impediment.  And  it  is 
agreed  that  all  proper  measures  shall  be  taken  to  prevent 
delay  in  deciding  the  cases  of  ships  or  cargoes  so  brought  in 
for  adjudication,  and  in  the  payment  or  recovery  of  any 
indemnification,  adjudged  or  agreed  to  be  paid  to  the  masters 
or  owners  of  such  ships. 


ARTICLE     XVIII 

In  order  to  regulate  what  is  in  future  to  be  esteemed 
contraband  of  war,  it  is  agreed  that  under  the  said  denom 
ination  shall  be  comprised  all  arms  and  implements  serving 
for  the  purposes  of  war,  by  land  or  sea,  such  as  cannon, 
muskets,  mortars,  petards,  bombs,  grenades,  carcasses,  sau- 
cisses,  carriages  for  cannon,  musket-rests,  bandoliers,  gun 
powder,  match,  saltpetre,  ball,  pikes,  swords,  head-pieces, 
cuirasses,  halberts,  lances,  javelins,  horse-furniture,  holsters, 
belts,  and  generally  all  other  implements  of  war,  as  also 
timber  for  ship-building,  tar  or  rosin,  copper  in  sheets,  sails, 
hemp,  and  cordage,  and  generally  whatever  may  serve 
directly  to  the  equipment  of  vessels,  unwrought  iron  and 
fir  planks  only  excepted ;  and  all  the  above  articles  are  hereby 
declared  to  be  just  objects  of  confiscation  whenever  they  are 
attempted  to  be  carried  to  an  enemy. 

And  whereas  the  difficulty  of  agreeing  on  the  precise  cases 
in  which  alone  provisions  and  other  articles  not  generally 
contraband  may  be  regarded  as  such,  renders  it  expedient 
to  provide  against  the  inconveniences  and  misunderstandings 
which  might  thence  arise:  It  is  further  agreed  that  when 
ever  any  such  articles  so  becoming  contraband,  according 
to  the  existing  laws  of  nations,  shall  for  that  reason  be 
seized,  the  same  shall  not  be  confiscated,  but  the  owners 
thereof  shall  be  speedily  and  completely  indemnified;  and 
the  captors,  or,  in  their  default,  the  Government  under 

148 


NATIONAL     DOCUMENTS 

whose  authority  they  act,  shall  pay  to  the  masters  or  owners 
of  such  vessels  the  full  value  of  all  such  articles,  with  a  rea 
sonable  mercantile  profit  thereon,  together  with  the  freight, 
and  also  the  demurrage  incident  to  such  detention. 

And  whereas  it  frequently  happens  that  vessels  sail  for 
a  port  or  place  belonging  to  an  enemy  without  knowing  that 
the  same  is  either  besieged,  blockaded,  or  invested,  it  is 
agreed  that  every  vessel  so  circumstanced  may  be  turned 
away  from  such  port  or  place;  but  she  shall  not  be  detained, 
nor  her  cargo,  if  not  contraband,  be  confiscated,  unless  after 
notice  she  shall  again  attempt  to  enter,  but  she  shall  be 
permitted  to  go  to  any  other  port  or  place  she  may  think 
proper;  nor  shall  any  vessel  or  goods  of  either  party  that 
may  have  entered  into  such  port  or  place  before  the  same 
was  besieged,  blockaded,  or  invested  by  the  other,  and  be 
found  therein  after  the  reduction  or  surrender  of  such  place, 
be  liable  to  confiscation,  but  shall  be  restored  to  the  owners 
or  proprietors  thereof. 


ARTICLE    XIX 

And  that  more  abundant  care  may  be  taken  for  the  secur 
ity  of  the  respective  subjects  and  citizens  of  the  contracting 
parties,  and  to  prevent  their  suffering  injuries  by  the  men-of- 
war,  or  privateers  of  either  party,  all  commanders  of  ships 
of  war  and  privateers,  and  all  others  the  said  subjects  and 
citizens,  shall  forbear  doing  any  damage  to  those  of  the 
other  party  or  committing  any  outrage  against  them,  and 
if  they  act  to  the  contrary  they  shall  be  punished,  and  shall 
also  be  bound  in  their  persons  and  estates  to  make  satisfac 
tion  and  reparation  for  all  damages,  and  the  interest  thereof, 
of  whatever  nature  the  said  damages  may  be. 

For  this  cause,  all  commanders  of  privateers,  before  they 
receive  their  commissions,  shall  hereafter  be  obliged  to  give, 

149 


NATIONAL    DOCUMENTS 

before  a  competent  judge,  sufficient  security  by  at  least  two 
responsible  sureties,  who  have  no  interest  in  the  said  priva 
teer,  each  of  whom,  together  with  the  said  commander,  shall 
be  jointly  and  severally  bound  in  the  sum  of  fifteen  hundred 
pounds  sterling,  or,  if  such  ships  be  provided  with  above  one 
hundred  and  fifty  seamen  or  soldiers,  in  the  sum  of  three 
thousand  pounds  sterling,  to  satisfy  all  damages  and  injuries 
which  the  said  privateer,  or  her  officers  or  men,  or  any  of 
them,  may  do  or  commit  during  their  cruise  contrary  to  the 
tenor  of  this  treaty,  or  to  the  laws  and  instructions  for  regu 
lating  their  conduct ;  and  further,  that  in  all  cases  of  aggres 
sions  the  said  commissions  shall  be  revoked  and  annulled. 

It  is  also  agreed  that  whenever  a  judge  of  a  court  of 
admiralty  of  either  of  the  parties  shall  pronounce  sentence 
against  any  vessel  or  goods  or  property  belonging  to  the 
subjects  or  citizens  of  the  other  party,  a  formal  and  duly 
authenticated  copy  of  all  the  proceedings  in  the  cause,  and 
of  the  said  sentence,  shall,  if  required,  be  delivered  to  the 
commander  of  the  said  vessel,  without  the  smallest  delay,  he 
paying  all  legal  fees  and  demands  for  the  same. 

ARTICLE  xx 

It  is  further  agreed  that  both  the  said  contracting  parties 
shall  not  only  refuse  to  receive  any  pirates  into  any  of  their 
ports,  havens,  or  towns,  or  permit  any  of  their  inhabitants 
to  receive,  protect,  harbor,  conceal,  or  assist  them  in  any 
manner,  but  will  bring  to  condign  punishment  all  such  inhab 
itants  as  shall  be  guilty  of  such  acts  or  offences. 

And  all  their  ships,  with  the  goods  or  merchandizes  taken 
by  them  and  brought  into  the  port  of  either  of  the  said 
parties,  shall  be  seized  as  far  as  they  can  be  discovered,  and 
shall  be  restored  to  the  owners,  or  their  factors  or  agents, 
duly  deputed  and  authorized  in  writing  by  them  (proper 

150 


NATIONAL     DOCUMENTS 

evidence  being  first  given  in  the  court  of  admiralty  for  prov 
ing  the  property)  even  in  case  such  effects  should  have 
passed  into  other  hands  by  sale,  if  it  be  proved  that  the 
buyers  knew  or  had  good  reason  to  believe  or  suspect  that 
they  had  been  piratically  taken. 


ARTICLE    XXI 


It  is  likewise  agreed  that  the  subjects  and  citizens  of  the 
two  nations  shall  not  do  any  acts  of  hostility  or  violence 
against  each  other,  nor  accept  commissions  or  instructions 
so  to  act  from  any  foreign  Prince  or  State,  enemies  to  the 
other  party;  nor  shall  the  enemies  of  one  of  the  parties  be 
permitted  to  invite,  or  endeavor  to  enlist  in  their  military 
service,  any  of  the  subjects  or  citizens  of  the  other  party; 
and  the  laws  against  all  such  offences  and  aggressions  shall 
be  punctually  executed.  And  if  any  subject  or  citizen  of 
the  said  parties  respectively  shall  accept  any  foreign  com 
mission  or  letters  of  marque  for  arming  any  vessel  to  act 
as  a  privateer  against  the  other  party,  and  be  taken  by  the 
other  party,  it  is  hereby  declared  to  be  lawful  for  the  said 
party  to  treat  and  punish  the  said  subject  or  citizen  having 
such  commission  or  letters  of  marque  as  a  pirate. 


ARTICLE     XXII 

It  is  expressly  stipulated  that  neither  of  the  said  contract 
ing  parties  will  order  or  authorize  any  acts  of  reprisal  against 
the  other,  on  complaints  of  injuries  or  damages,  until  the  said 
party  shall  first  have  presented  to  the  other  a  statement 
thereof,  verified  by  competent  proof  and  evidence,  and 
demanded  justice  and  satisfaction,  and  the  same  shall  either 
have  been  refused  or  unreasonably  delayed. 

151 


NATIONAL     DOCUMENTS 


ARTICLE     XXIII 

The  ships  of  war  of  each  of  the  contracting  parties  shall, 
at  all  times,  be  hospitably  received  in  the  ports  of  the  other, 
their  officers  and  crews  paying  due  respect  to  the  laws  and 
Government  of  the  country.  The  officers  shall  be  treated 
with  that  respect  which  is  due  to  the  commissions  which  they 
bear,  and  if  any  insult  should  be  offered  to  them  by  any  of 
the  inhabitants,  all  offenders  in  this  respect  shall  be  punished 
as  disturbers  of  the  peace  and  amity  between  the  two  coun 
tries.  And  His  Majesty  consents  that  in  case  an  American 
vessel  should,  by  stress  of  weather,  danger  from  enemies, 
or  other  misfortune,  be  reduced  to  the  necessity  of  seeking 
shelter  in  any  of  His  Maj  esty's  ports,  into  which  such  vessel 
could  not  in  ordinary  cases  claim  to  be  admitted,  she  shall, 
on  manifesting  that  necessity  to  the  satisfaction  of  the 
Government  of  the  place,  be  hospitably  received,  and  be  per 
mitted  to  refit  and  to  purchase  at  the  market  price  such  neces 
saries  as  she  may  stand  in  need  of,  conformably  to  such 
orders  and  regulations  as  the  Government  of  the  place, 
having  respect  to  the  circumstances  of  each  case,  shall  pre 
scribe.  She  shall  not  be  allowed  to  break  bulk  or  unload  her 
cargo,  unless  the  same  should  be  bona  fide  necessary  to  her 
being  refitted.  Nor  shall  be  permitted  to  sell  any  part  of 
her  cargo,  unless  so  much  only  as  may  be  necessary  to  defray 
her  expences,  and  then  not  without  the  express  permission 
of  the  Government  of  the  place.  Nor  shall  she  be  obliged  to 
pay  any  duties  whatever,  except  only  on  such  articles  as  she 
may  be  permitted  to  sell  for  the  purpose  aforesaid. 

ARTICLE    XXIV 

It  shall  not  be  lawful  for  any  foreign  privateers  (not  being 
subjects  or  citizens  of  either  of  the  said  parties)  who  have 

152 


NATIONAL     DOCUMENTS 

commissions  from  any  other  Prince  or  State  in  enmity  with 
either  nation  to  arm  their  ships  in  the  ports  of  either  of  the 
said  parties,  nor  to  sell  what  they  have  taken,  nor  in  any 
other  manner  to  exchange  the  same;  nor  shall  they  be  allowed 
to  purchase  more  provisions  than  shall  be  necessary  for  their 
going  to  the  nearest  port  of  that  Prince  or  State  from  whom 
they  obtained  their  commissions. 


ARTICLE    XXV 


It  shall  be  lawful  for  the  ships  of  war  and  privateers 
belonging  to  the  said  parties  respectively  to  carry  whitherso 
ever   they   please   the   ships   and   goods   taken    from  their 
enemies,  without  being  obliged  to  pay  any  fee  to  the  officers 
of  the  admiralty,  or  to  any  judges  whatever;  nor  shall  the 
said  prizes,  when  they  arrive  at  and  enter  the  ports  of  the  said 
parties,  be  detained  or  seized,  neither  shall  the  searchers  or 
other  officers  of  those  places  visit  such  prizes,  (except  for 
the  purpose  of  preventing  the  carrying  of  any  part  of  the 
cargo  thereof  on  shore  in  any  manner  contrary  to  the  estab 
lished  laws  of  revenue,  navigation,  or  commerce,)  nor  shall 
such  officers  take  cognizance  of  the  validity  of  such  prizes ; 
but  they  shall  be  at  liberty  to  hoist  sail  and  depart  as  speedily 
as  may  be,  and  carry  their  said  prizes  to  the  place  mentioned 
in  their  commissions  or  patents,  which  the  commanders  of 
the  said  ships  of  war  or  privateers  shall  be  obliged  to  show. 
No  shelter  or  refuge  shall  be  given  in  their  ports  to  such  as 
have  made  a  prize  upon  the  subjects  or  citizens  of  either 
of  the  said  parties;  but  if  forced  by  stress  of  weather,  or 
the  dangers  of  the  sea,  to  enter  therein,  particular  care  shall 
be  taken  to  hasten  their  departure,  and  to  cause  them  to  retire 
as  soon  as  possible.     Nothing  in  this  treaty  contained  shall, 
however,  be  construed  or  operate  contrary  to  former  and 
existing  public  treaties  with  other  sovereigns  or  States.    But 

153 


NATIONAL     DOCUMENTS 

the  two  parties  agree  that  while  they  continue  in  amity 
neither  of  them  will  in  future  make  any  treaty  that  shall 
be  inconsistent  with  this  or  the  preceding  article. 

Neither  of  the  said  parties  shall  permit  the  ships  or  goods 
belonging  to  the  subjects  or  citizens  of  the  other  to  be  taken 
within  cannon  shot  of  the  coast,  nor  in  any  of  the  bays,  ports, 
or  rivers  of  their  territories,  by  ships  of  war  or  others  having 
commission  from  any  Prince,  Republic,  or  State  whatever. 
But  in  case  it  should  so  happen,  the  party  whose  territorial 
rights  shall  thus  have  been  violated  shall  use  his  utmost 
endeavors  to  obtain  from  the  offending  party  full  and  ample 
satisfaction  for  the  vessel  or  vessels  so  taken,  whether  the 
same  be  vessels  of  war  or  merchant  vessels. 


ARTICLE    XXVI 

If  at  any  time  a  rupture  should  take  place  (which  God 
forbid)  between  His  Majesty  and  the  United  States,  the 
merchants  and  others  of  each  of  the  two  nations  residing 
in  the  dominions  of  the  other  shall  have  the  privilege  of 
remaining  and  continuing  their  trade,  so  long  as  they  behave 
peaceably  and  commit  no  offence  against  the  laws;  and  in 
case  their  conduct  should  render  them  suspected,  and  the 
respective  Governments  should  think  proper  to  order  them 
to  remove,  the  term  of  twelve  months  from  the  publication 
of  the  order  shall  be  allowed  them  for  that  purpose,  to  remove 
with  their  families,  effects,  and  property,  but  this  favor  shall 
not  be  extended  to  those  who  shall  act  contrary  to  the  estab 
lished  laws ;  and  for  greater  certainty,  it  is  declared  that  such 
rupture  shall  not  be  deemed  to  exist  while  negotiations  for 
accommodating  differences  shall  be  depending,  nor  until  the 
respective  Ambassadors  or  Ministers,  if  such  there  shall  be, 
shall  be  recalled  or  sent  home  on  account  of  such  differences, 
and  not  on  account  of  personal  misconduct,  according  to  the 

154 


NATIONAL     DOCUMENTS 

nature  and  degrees  of  which  both  parties  retain  their  rights, 
either  to  request  the  recall,  or  immediately  to  send  home  the 
Ambassador  or  Minister  of  the  other,  and  that  without  preju 
dice  to  their  mutual  and  good  understanding. 


ARTICLE     XXVII 

It  is  further  agreed  that  His  Majesty  and  the  United 
States,  on  mutual  requisitions,  by  them  respectively,  or  by 
their  respective  Ministers  or  officers  authorized  to  make  the 
same,  will  deliver  up  to  justice  all  persons  who,  being 
charged  with  murder  or  forgery,  committed  within  the  juris 
diction  of  either,  shall  seek  an  asylum  within  any  of  the 
countries  of  the  other,  provided  that  this  shall  only  be  done 
on  such  evidence  of  criminality  as,  according  to  the  laws  of 
the  place,  where  the  fugitive  or  person  so  charged  shall 
be  found,  would  justify  his  apprehension  and  commitment 
for  trial,  if  the  offence  had  there  been  committed.  The 
expence  of  such  apprehension  and  delivery  shall  be  borne 
and  defrayed  by  those  who  make  the  requisition  and  receive 
the  fugitive. 

ARTICLE    XXVIII 

It  is  agreed  that  the  first  ten  articles  of  this  treaty  shall 
be  permanent,  and  that  the  subsequent  articles,  except  the 
twelfth,  shall  be  limited  in  their  duration  to  twelve  years, 
to  be  computed  from  the  day  on  which  the  ratifications  of  this 
treaty  shall  be  exchanged,  but  subject  to  this  condition,  That 
whereas  the  said  twelfth  article  will  expire  by  the  limitation 
therein  contained,  at  the  end  of  two  years  from  the  signing 
of  the  preliminary  or  other  articles  of  peace,  which  shall 
terminate  the  present  war  in  which  His  Majesty  is  engaged, 
it  is  agreed  that  proper  measures  shall  by  concert  be  taken 
for  bringing  the  subject  of  that  article  into  amicable  treaty 

155 


NATIONAL     DOCUMENTS 

and  discussion,  so  early  before  the  expiration  of  the  said 
term  as  that  new  arrangements  on  that  head  may  by  that 
time  be  perfected  and  ready  to  take  place.  But  if  it  should 
unfortunately  happen  that  His  Majesty  and  the  United 
States  should  not  be  able  to  agree  on  such  new  arrange 
ments,  in  that  case  all  the  articles  of  this  treaty,  except  the 
first  ten,  shall  then  cease  and  expire  together. 

Lastly.  This  treaty,  when  the  same  shall  have  been  rati 
fied  by  His  Majesty  and  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  their  Senate, 
and  the  respective  ratifications  mutually  exchanged,  shall 
be  binding  and  obligatory  on  His  Majesty  and  on  the  said 
States,  and  shall  be  by  them  respectively  executed  and 
observed  with  punctuality  and  the  most  sincere  regard  to 
good  faith;  and  whereas  it  will  be  expedient,  in  order  the 
better  to  facilitate  intercourse  and  obviate  difficulties,  that 
other  articles  be  proposed  and  added  to  this  treaty,  which 
articles,  from  want  of  time  and  other  circumstances,  cannot 
now  be  perfected,  it  is  agreed  that  the  said  parties  will, 
from  time  to  time,  readily  treat  of  and  concerning  such 
articles,  and  will  sincerely  endeavor  so  to  form  them  as 
that  they  may  conduce  to  mutual  convenience  and  tend  to 
promote  mutual  satisfaction  and  friendship;  and  that  the 
said  articles,  after  having  been  duly  ratified,  shall  be  added 
to  and  make  a  part  of  this  treaty.  In  faith  whereof  we, 
the  undersigned  Ministers  Plenipotentiary  of  His  Majesty 
the  King  of  Great  Britain  and  the  United  Stated  of  America, 
have  signed  this  present  treaty,  and  have  caused  to  be  affixed 
thereto  the  seal  of  our  arms. 

Done  at  London  this  nineteenth  day  of  November,  one 
thousand  seven  hundred  and  ninety-four. 

GRENVILLE       [L.  s.] 
JOHN  JAY        [L.  s.] 


156 


Washington's  Farewell  Address    1796 

Friends  and  Fellow-Citizens: 

The  period  for  a  new  election  of  a  Citizen,  to  admin 
ister  the  Executive  Government  of  the  United  States,  being 
not  far  distant,  and  the  time  actually  arrived,  when  your 
thoughts  must  be  employed  in  designating  the  person,  who 
is  to  be  clothed  with  that  important  trust,  it  appears  to  me 
proper,  especially  as  it  may  conduce  to  a  more  distinct  ex 
pression  of  the  public  voice,  that  I  should  now  apprize  you 
of  the  resolution  I  have  formed,  to  decline  being  considered 
among  the  number  of  those,  out  of  whom  a  choice  is  to  be 
made. 

I  beg  you,  at  the  same  time,  to  do  me  the  justice  to  be 
assured,  that  this  resolution  has  not  been  taken,  without 
a  strict  regard  to  all  the  considerations  appertaining  to  the 
relation,  which  binds  a  dutiful  citizen  to  his  country — and 
that,  in  withdrawing  the  tender  of  service  which  silence  in 
my  situation  might  imply,  I  am  influenced  by  no  diminu 
tion  of  zeal  for  your  future  interest,  no  deficiency  of  grate 
ful  respect  for  your  past  kindness ;  but  am  supported  by  a 
full  conviction  that  the  step  is  compatible  with  both. 

The  acceptance  of,  and  continuance  hitherto  in,  the  office 
to  which  your  suffrages  have  twice  called  me,  have  been 
a  uniform  sacrifice  of  inclination  to  the  opinion  of  duty, 
and  to  a  deference  for  what  appeared  to  be  your  desire. — 
I  constantly  hoped  that  it  would  have  been  much  earlier  in 
my  power,  consistently  with  motives,  which  I  was  not  at 
liberty  to  disregard,  to  return  to  that  retirement,  from 
which  I  had  been  reluctantly  drawn. — The  strength  of  my 
inclination  to  do  this,  previous  to  the  last  election,  had 
even  led  to  the  preparation  of  an  address  to  declare 

157 


NATIONAL     DOCUMENTS 

it  to  you;  but  mature  reflection  on  the  then  perplexed  and 
critical  posture  of  our  affairs  with  foreign  Nations,  and 
the  unanimous  advice  of  persons  entitled  to  my  confidence, 
impelled  me  to  abandon  the  idea. — 

I  rejoice,  that  the  state  of  your  concerns,  external  as 
well  as  internal,  no  longer  renders  the  pursuit  of  inclina 
tion  incompatible  with  the  sentiment  of  duty,  or  propriety; 
and  am  persuaded,  whatever  partiality  may  be  retained  for 
my  services,  that,  in  the  present  circumstances  of  our 
country,  you  will  not  disapprove  my  determination  to  retire. 

The  impressions,  with  which  I  first  undertook  the  ardu 
ous  trust,  were  explained  on  the  proper  occasion.  In  the 
discharge  of  this  trust,  I  will  only  say,  that  I  have,  with 
good  intentions,  contributed  towards  the  organization  and 
administration  of  the  government,  the  best  exertions  of 
which  a  very  fallible  judgment  was  capable. — Not  uncon 
scious,  in  the  outset,  of  the  inferiority  of  my  qualifications, 
experience  in  my  own  eyes,  perhaps  still  more  in  the  eyes 
of  others,  has  strengthened  the  motives  to  diffidence  of  my 
self ;  and  every  day  the  increasing  weight  of  years  admon 
ishes  me  more  and  more,  that  the  shade  of  retirement  is  as 
necessary  to  me  as  it  will  be  welcome. — Satisfied,  that,  if 
any  circumstances  have  given  peculiar  value  to  my  services, 
they  were  temporary,  I  have  the  consolation  to  believe,  that, 
while  choice  and  prudence  invite  me  to  quit  the  political 
scene,  patriotism  does  not  forbid  it. 

In  looking  forward  to  the  moment,  which  is  intended  to 
terminate  the  career  of  my  public  life,  my  feelings  do  not 
permit  me  to  suspend  the  deep  acknowledgment  of  that 
debt  of  gratitude,  which  I  owe  to  my  beloved  country, — 
for  the  many  honors  it  has  conferred  upon  me;  still  more 
for  the  stedf ast  confidence  with  which  it  has  supported  me ; 
and  for  the  opportunities  I  have  thence  enjoyed  of  mani 
festing  my  inviolable  attachment,  by  services  faithful  and 

158 


NATIONAL     DOCUMENTS 

persevering,  though  in  usefulness  unequal  to  my  zeal  —If 
benefits  have  resulted  to  our  country  from  these  services, 
t  it  always  be  remembered  to  your  praise,  and  as  an  in 
structive  example  in  our  annals,  that  under  circumstances 
m   which  the   Passions,   agitated  in  every   direction,   were 
liable  to  mislead,  amidst  appearances   sometimes  dubious 
vicissitudes  of  fortune  often  discouraging,  in  situations  in 
which  not  unfrequently  want  of  success  has  countenanced 
the  spirit  of  criticism,  the  constancy  of  your  support  was 
the  essential  prop  of  the  efforts,  and  a  guarantee  of  the 
plans  by  which  they  were  effected.— Profoundly  penetrated 
with  this  idea,  I  shall  carry  it  with  me  to  my  grave,  as  a 
strong  incitement  to  unceasing  vows  that  Heaven  may  con 
tinue  to  you  the  choicest  tokens   of  its   beneficence— that 
your  union  and  brotherly  affection  may  be  perpetual— that 
the  free  constitution,  which  is  the  work  of  your  hands,  may 
be  sacredly  maintained— that  its  administration  in  every  de 
partment  "may  be  stamped  with  wisdom  and  virtue— that,  in 
fine,  the  happiness  of  the  people  of  these  States,  under  the 
auspices  of  liberty,  may  be  made  complete,  by  so  careful 
a  preservation  and  so  prudent  a  use  of  this  blessing,  as  will 
acquire  to  them  the  glory  of  recommending  it  to  the  ap 
plause,  the  affection,  and  adoption  of  every  nation,  which  is 
yet  a  stranger  to  it. 

Here,  perhaps,  I  ought  to  stop. — But  a  solicitude  for 
your  welfare,  which  cannot  end  but  with  my  life,  and  the 
apprehension  of  danger,  natural  to  that  solicitude,  urge  me 
on  an  occasion  like  the  present,  to  offer  to  your  solemn  con 
templation,  and  to  recommend  to  your  frequent  review, 
some  sentiments;  which  are  the  result  of  much  reflection, 
of  no  inconsiderable  observation  and  which  appear  to  me 
all  important  to  the  permanency  of  your  felicity  as  a  Peo 
ple.  These  will  be  offered  to  you  with  the  more  freedom, 
as  you  can  only  see  in  them  the  disinterested  warnings  of 

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a  parting  friend,  who  can  possibly  have  no  personal  motive 
to  bias  his  counsel. — Nor  can  I  forget,  as  an  encourage 
ment  to  it,  your  indulgent  reception  of  my  sentiments  on  a 
former  and  not  dissimilar  occasion. 

Interwoven  as  is  the  love  of  liberty  with  every  ligament 
of  your  hearts,  no  recommendation  of  mine  is  necessary 
to  fortify  or  confirm  the  attachment. — 

The  Unity  of  Government,  which  constitutes  you  one  peo 
ple,  is  also  now  dear  to  you. — It  is  justly  so;  for  it  is  a 
main  Pillar  in  the  Edifice  of  your  real  independence;  the 
support  of  your  tranquillity  at  home;  your  peace  abroad; 
of  your  safety;  of  your  prosperity  in  every  shape;  of  that 
very  Liberty,  which  you  so  highly  prize. — But  as  it  is  easy 
to  foresee,  that,  from  different  causes,  and  from  different 
quarters,  much  pains  will  be  taken,  many  artifices  em 
ployed,  to  weaken  in  your  minds  the  conviction  of  this 
truth ; — as  this  is  the  point  in  your  political  fortress  against 
which  the  batteries  of  internal  and  external  enemies  will 
be  most  constantly  and  actively  (though  often  covertly  and 
insidiously)  directed,  it  is  of  infinite  moment,  that  you 
should  properly  estimate  the  immense  value  of  your  na 
tional  Union  to  your  collective  and  individual  happiness; — 
that  you  should  cherish  a  cordial,  habitual,  and  immove- 
able  attachment  to  it;  accustoming  yourselves  to  think  and 
speak  of  it  as  of  the  Palladium  of  your  political  safety  and 
prosperity;  watching  for  its  preservation  with  jealous 
anxiety ;  discountenancing  whatever  may  suggest  even  a  sus 
picion,  that  it  can  in  any  event  be  abandoned,  and  indig 
nantly  frowning  upon  the  first  dawning  of  every  attempt 
to  alienate  any  portion  of  our  Country  from  the  rest,  or  to 
enfeeble  the  sacred  ties  which  now  link  together  the  various 
parts. 

For  this  you  have  every  inducement  of  sympathy  and 
interest. — Citizens  by  birth  or  choice  of  a  common  country, 

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NATIONAL     DOCUMENTS 

that  country  has  a  right  to  concentrate  your  affections.— 
The  name  of  AMERICAN,  which  belongs  to  you,  in  your  na 
tional  capacity,  must  always  exalt  the  just  pride  of 
Patriotism,  more  than  any  appellation  derived  from  local 
discriminations.  With  slight  shades  of  difference,  you  have 
the  same  Religion,  Manners,  Habits,  and  Political  Prin 
ciples.  You  have  in  a  common  cause  fought  and  triumphed 
together;  the  Independence  and  Liberty  you  possess  are  the 
work  of  joint  counsels,  and  joint  efforts— of  common  dan 
gers,  sufferings,  and  successes. — 

But  these  considerations,  however  powerfully  they  ad 
dress  themselves  to  your  sensibility,  are  greatly  outweighed 
by  those  which  apply  more  immediately  to  your  Interest. 
Here  every  portion  of  our  country  finds  the  most  command 
ing  motives  for  carefully  guarding  and  preserving  the 
Union  of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  South, 
protected  by  the  equal  Laws  of  a  common  government,  finds, 
in  the  productions  of  the  latter,  great  additional  resources 
of  maritime  and  commercial  enterprise — and  precious  ma 
terials  of  manufacturing  industry. — The  South,  in  the  same 
intercourse,  benefiting  by  the  agency  of  the  North,  sees  its 
agriculture  grow  and  its  commerce  expand.  Turning  partly 
into  its  own  channels  the  seamen  of  the  North,  it  finds  its 
particular  navigation  envigorated; — and,  while  it  contrib 
utes,  in  different  ways,  to  nourish  and  increase  the  general 
mass  of  the  national  navigation,  it  looks  forward  to  the 
protection  of  a  maritime  strength  to  which  itself  is  un 
equally  adapted.  The  East,  in  a  like  intercourse  with  the 
West,  already  finds,  and  in  the  progressive  improvement 
of  interior  communications,  by  land  and  water,  will  more 
and  more  find,  a  valuable  vent  for  the  commodities  which 
it  brings  from  abroad,  or  manufactures  at  home. — The  West 
derives  from  the  East  supplies  requisite  to  its  growth  and 

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NATIONAL     DOCUMENTS 

comfort,  and — what  is  perhaps  of  still  greater  consequence, 
it  must  of  necessity  owe  the  secure  enjoyment  of  indispen 
sable  outlets  for  its  own  productions  to  the  weight,  influence, 
and  the  future  maritime  strength  of  the  Atlantic  side  of  the 
-Union,  directed  by  an  indissoluble  community  of  interest 
as  one  Nation. — Any  other  tenure  by  which  the  West  can 
hold  this  essential  advantage,  whether  derived  from  its  own 
separate  strength,  or  from  an  apostate  and  unnatural  con 
nection  with  any  foreign  power,  must  be  intrinsically  pre 
carious. 

While  then  every  part  of  our  Country  thus  feels  an  im 
mediate  and  particular  interest  in  Union,  all  the  parts  com 
bined  in  the  united  mass  of  means  and  efforts  cannot  fail 
to  find  greater  strength,  greater  resource,  proportionably 
greater  security  from  external  danger,  a  less  frequent  in 
terruption  of  their  Peace  by  foreign  Nations;  and,  what 
is  of  inestimable  value !  they  must  derive  from  Union  an 
exemption  from  those  broils  and  wars  between  themselves, 
which  so  frequently  afflict  neighbouring  countries,  not  tied 
together  by  the  same  governments;  which  their  own  rival- 
ships  alone  would  be  sufficient  to  produce;  but  which  op 
posite  foreign  alliances,  attachments,  and  intrigues  would 
stimulate  and  embitter. — Hence  likewise  they  will  avoid  the 
necessity  of  those  overgrown  Military  establishments, 
which,  under  any  form  of  government,  are  inauspicious  to 
liberty,  and  which  are  to  be  regarded  as  particularly  hostile 
to  Republican  Liberty.  In  this  sense  it  is,  that  your  Union 
ought  to  be  considered  as  a  main  prop  of  your  liberty,  and 
that  the  love  of  the  one  ought  to  endear  to  you  the  preserva 
tion  of  the  other. 

These  considerations  speak  a  persuasive  language  to 
every  reflecting  and  virtuous  mind,  and  exhibit  the  contin 
uance  of  the  UNION  as  a  primary  object  of  Patriotic  desire. 
Is  there  a  doubt,  whether  a  common  government  can  em- 

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NATIONAL     DOCUMENTS 

brace  so  large  a  sphere?— Let  experience  solve  it.  To  listen 
to  mere  speculation  in  such  a  case  were  criminal.— We  are 
authorized  to  hope  that  a  proper  organization  of  the  whole, 
with  the  auxiliary  agency  of  governments  for  the  respective 
subdivisions,  will  afford  a  happy  issue  to  the  experiment. 
It  is  well  worth  a  fair  and  full  experiment.  With  such 
powerful  and  obvious  motives  to  Union,  affecting  all  parts 
of  our  country,  while  experience  shall  not  have  demon 
strated  its  impracticability,  there  will  always  be  reason  to 
distrust  the  patriotism  of  those,  who  in  any  quarter  may 
endeavour  to  weaken  its  bands. — 

In    contemplating    the    causes    which    may    disturb    our 
Union,  it   occurs   as   matter   of  serious  concern,  that  any 
ground    should    have    been    furnished    for    characterizing 
parties     by    geographical    discriminations — Northern    and 
Southern,   Atlantic   and    Western;   whence   designing   men 
may  endeavour  to  excite  a  belief,  that  there  is  a  real  dif 
ference  of  local  interests  and  views.     One  of  the  expedi 
ents  of  Party  to  acquire  influence,  within  particular  dis 
tricts,  is  to  misrepresent  the  opinions  and  aims  of  other 
districts. — You  cannot  shield  yourselves  too  much  against 
the  jealousies  and  heart  burnings,  which  spring  from  these 
misrepresentations; — they    tend    to    render    alien    to    each 
other  those,  who  ought  to  be  bound  together  by  fraternal 
affection. — The  inhabitants   of  our  Western  country  have 
lately  had  a  useful  lesson  on  this  head — they  have  seen,  in 
the  negotiation   by  the  Executive,  and  in  the  unanimous 
ratification  by  the  Senate,  of  the  treaty  with  Spain,  and  in 
the    universal    satisfaction   at   that   event,   throughout   the 
United  States,  a  decisive  proof  how  unfounded  were  the 
suspicions  propagated  among  them  of  a  policy  in  the  Gen 
eral  Government  and  in  the  Atlantic  States  unfriendly  to 
their  interests  in  regard  to  the  MISSISSIPPI — they  have  been 
witnesses  to  the  formation  of  two  Treaties,  that  with  G. 

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NATIONAL     DOCUMENTS 

Britain,  and  that  with  Spain,  which  secure  to  them  every 
thing  they  could  desire,  in  respect  to  our  Foreign  Relations, 
towards  confirming  their  prosperity. — Will  it  not  be  their 
wisdom  to  rely  for  the  preservation  of  these  advantages  on 
the  UNION  by  which  they  were  procured? — Will  they  not 
henceforth  be  deaf  to  those  advisers,  if  such  there  are,  who 
would  sever  them  from  their  Brethren,  and  connect  them 
with  Aliens? — 

To  the  efficacy  and  permanency  of  your  Union,  a  Gov 
ernment  for  the  whole  is  indispensable. — No  alliances, 
however  strict  between  the  parts  can  be  an  adequate  sub 
stitute. — They  must  inevitably  experience  the  infractions 
and  interruptions  which  all  alliances  in  all  times  have  ex 
perienced.  Sensible  of  this  momentous  truth,  you  have 
improved  upon  your  first  essay,  by  the  adoption  of  a  Con 
stitution  of  Government,  better  calculated  than  your  former 
for  an  intimate  Union,  and  for  the  efficacious  management 
of  your  common  concerns. — This  government,  the  offspring 
of  our  own  choice  uninfluenced  and  unawed,  adopted  upon 
full  investigation  and  mature  deliberation,  completely  free 
in  its  principles,  in  the  distribution  of  its  powers,  uniting 
security  with  energy,  and  containing  within  itself  a  pro 
vision  for  its  own  amendment,  has  a  just  claim  to  your  con 
fidence  and  your  support. — Respect  for  its  authority,  com 
pliance  with  its  Laws,  acquiescence  in  its  measures,  are 
duties  enj  oined  by  the  fundamental  maxims  of  true  Liberty. 
— The  basis  of  our  political  systems  is  the  right  of  the  peo 
ple  to  make  and  to  alter  their  Constitutions  of  Government. 
— But  the  Constitution  which  at  any  time  exists,  'till 
changed  by  an  explicit  and  authentic  act  of  the  whole  Peo 
ple,  is  sacredly  obligatory  upon  all. — The  very  idea  of  the 
power  and  the  right  of  the  People  to  establish  Government 
presupposes  the  duty  of  every  individual  to  obey  the  estab 
lished  Government. 

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NATIONAL     DOCUMENTS 

All  obstructions  to  the  execution  of  the  Laws,  all  combi 
nations  and  associations,  under  whatever  plausible  char 
acter,  with  the  real  design  to  direct,  controul,  counteract, 
or  awe  the  regular  deliberation  and  action  of  the  consti 
tuted  authorities,  are  destructive  of  this  fundamental  prin 
ciple,  and  of  fatal  tendency.— They  serve  to  organize 

faction,  to  give  it  an  artificial  and  extraordinary  force to 

put  in  the  place  of  the  delegated  will  of  the  nation,  the  will 
of  a  party;— often  a  small  but  artful  and  enterprising 
minority  of  the  community ;— and,  according  to  the  alternate 
triumphs  of  different  parties,  to  make  the  public  admin 
istration  the  mirror  of  the  ill-concerted  and  incongruous 
projects  of  faction,  rather  than  the  organ  of  consistent  and 
wholesome  plans  digested  by  common  councils,  and  modified 
by  mutual  interests. — However  combinations  or  associations 
of  the  above  descriptions  may  now  and  then  answer  popular 
ends,  they  are  likely,  in  the  course  of  time  and  things,  to 
become  potent  engines,  by  which  cunning,  ambitious,  and 
unprincipled  men  will  be  enabled  to  subvert  the  Power  of 
the  People,  and  to  usurp  for  themselves  the  reins  of  Gov 
ernment;  destroying  afterwards  the  very  engines,  which 
have  lifted  them  to  unjust  dominion. — 

Towards  the  preservation  of  your  Government,  and  the 
permanency  of  your  present  happy  state,  it  is  requisite,  not 
only  that  you  steadily  discountenance  irregular  oppositions 
to  its  acknowledged  authority,  but  also  that  you  resist  with 
care  the  spirit  of  innovation  upon  its  principles,  however 
specious  the  pretexts. — One  method  of  assault  may  be  to 
effect,  in  the  forms  of  the  Constitution,  alterations  which 
will  impair  the  energy  of  the  system,  and  thus  to  under 
mine  what  cannot  be  directly  overthrown. — In  all  the 
changes  to  which  you  may  be  invited,  remember  that  time 
and  habit  are  at  least  as  necessary  to  fix  the  true  character 
of  Governments,  as  of  other  human  institutions — that  ex- 

165 


NATIONAL     DOCUMENTS 

perience  is  the  surest  standard,  by  which  to  test  the  real 
tendency  of  the  existing  Constitution  of  a  Country — that 
facility  in  changes  upon  the  credit  of  mere  hypothesis  and 
opinion  exposes  to  perpetual  change,  from  the  endless  va 
riety  of  hypothesis  and  opinion : — and  remember,  especially, 
that,  for  the  efficient  management  of  your  common  interests, 
in  a  country  so  extensive  as  ours,  a  Government  of  as  much 
vigor  as  is  consistent  with  the  perfect  security  of  Liberty 
is  indispensable. — Liberty  itself  will  find  in  such  a  gov 
ernment,  with  powers  properly  distributed  and  adjusted, 
its  surest  Guardian. — It  is,  indeed,  little  else  than  a  name, 
where  the  Government  is  too  feeble  to  withstand  the  enter 
prise  of  faction,  to  confine  each  member  of  the  society 
within  the  limits  prescribed  by  the  laws,  and  to  maintain 
all  in  the  secure  and  tranquil  enjoyment  of  the  rights  of 
person  and  property. 

I  have  already  intimated  to  you  the  danger  of  parties 
in  the  State,  with  particular  reference  to  the  founding  of 
them  on  Geographical  discriminations. — Let  me  now  take 
a  more  comprehensive  view,  and  warn  you  in  the  most 
solemn  manner  against  the  baneful  effects  of  the  Spirit  of 
Party,  generally. 

This  Spirit,  unfortunately,  is  inseparable  from  our  na 
ture,  having  its  root  in  the  strongest  passions  of  the  hu 
man  mind. — It  exists  under  different  shapes  in  all  Govern 
ments,  more  or  less  stifled,  controuled,  or  repressed;  but, 
in  those  of  the  popular  form,  it  is  seen  in  its  greatest  rank- 
ness,  and  is  truly  their  worst  enemy. — 

The  alternate  domination  of  one  faction  over  another, 
sharpened  by  the  spirit  of  revenge,  natural  to  party  dissen 
sion,  which  in  different  ages  and  countries  has  perpetrated 
the  most  horrid  enormities,  is  itself  a  frightful  despotism. 
— But  this  leads  at  length  to  a  more  formal  and  permanent 
despotism. — The  disorders  and  miseries,  which  result, 

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NATIONAL     DOCUMENTS 

gradually  incline  the  minds  of  men  to  seek  security  and  re 
pose  in  the  absolute  power  of  an  Individual;  and  sooner  or 
later  the  chief  of  some  prevailing  faction,  more  able  or 
more  fortunate  than  his  competitors,  turns  this  disposition 
to  the  purposes  of  his  own  elevation,  on  the  ruins  of  Public 
Liberty. 

Without  looking  forward  to  an  extremity  of  this  kind, 
(which  nevertheless  ought  not  to  be  entirely  out  of  sight), 
the  common  and  continual  mischiefs  of  the  spirit  of  Party 
are  sufficient  to  make  it  the  interest  and  duty  of  a  wise 
people  to  discourage  and  restrain  it. — 

It  serves  always  to  distract  the  Public  Councils,  and  en 
feeble  the  Public  administration.  It  agitates  the  com 
munity  with  ill  founded  jealousies  and  false  alarms,  kindles 
the  animosity  of  one  part  against  another,  foments  occa 
sionally  riot  and  insurrection. — It  opens  the  door  to 
foreign  influence  and  corruption,  which  find  a  facilitated 
access  to  the  Government  itself  through  the  channels  of 
party  passions.  Thus  the  policy  and  the  will  of  one  coun 
try,  are  subjected  to  the  policy  and  will  of  another. 

There  is  an  opinion,  that  parties  in  free  countries  are 
useful  checks  upon  the  Administration  of  the  Government, 
and  serve  to  keep  alive  the  spirit  of  Liberty. — This  within 
certain  limits  is  probably  true — and  in  Governments  of  a 
Monarchical  cast,  Patriotism  may  look  with  indulgence,  if 
not  with  favor,  upon  the  spirit  of  party. — But  in  those  of 
the  popular  character,  in  Governments  purely  elective,  it  is 
a  spirit  not  to  be  encouraged. — From  their  natural  tendency, 
it  is  certain  there  will  always  be  enough  of  that  spirit  for 
every  salutary  purpose, — and  there  being  constant  danger 
of  excess,  the  effort  ought  to  be,  by  force  of  public  opinion, 
to  mitigate  and  assuage  it. — A  fire  not  to  be  quenched;  it 
demands  a  uniform  vigilance  to  prevent  its  bursting  into 
a  flame,  lest,  instead  of  warming,  it  should  consume. 

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NATIONAL     DOCUMENTS 

It  is  important,  likewise,  that  the  habits  of  thinking  in 
a  free  country  should  inspire  caution  in  those  intrusted 
with  its  administration,  to  confine  themselves  within  their 
respective  constitutional  spheres;  avoiding  in  the  exercise 
of  the  powers  of  one  department  to  encroach  upon  another. 
The  spirit  of  encroachment  tends  to  consolidate  the  powers 
of  all  the  departments  in  one,  and  thus  to  create,  whatever 
the  form  of  government,  a  real  despotism. — A  just  esti 
mate  of  that  love  of  power,  and  proneness  to  abuse  it, 
which  predominates  in  the  human  heart,  is  sufficient  to  sat 
isfy  us  of  the  truth  of  this  position. — The  necessity  of  re 
ciprocal  checks  in  the  exercise  of  political  power,  by  divid 
ing  and  distributing  it  into  different  depositories,  and  con 
stituting  each  the  Guardian  of  the  Public  Weal  against  in 
vasions  by  the  others,  has  been  evinced  by  experiments 
ancient  and  modern ;  some  of  them  in  our  country  and  under 
our  own  eyes. — To  preserve  them  must  be  as  necessary  as  to 
institute  them.  If,  in  the  opinion  of  the  People,  the  dis 
tribution  or  modification  of  the  Constitutional  powers  be  in 
any  particular  wrong,  let  it  be  corrected  by  an  amendment 
in  the  way  which  the  constitution  designates. — But  let  there 
be  no  change  by  usurpation;  for  though  this,  in  one  in 
stance,  may  be  the  instrument  of  good,  it  is  the  customary 
weapon  by  which  free  governments  are  destroyed. — The 
precedent  must  always  greatly  overbalance  in  permanent 
evil  any  partial  or  transient  benefit  which  the  use  can  at 
any  time  yield. — 

Of  all  the  dispositions  and  habits,  which  lead  to  political 
prosperity,  Religion  and  Morality  are  indispensable  sup 
ports. — In  vain  would  that  man  claim  the  tribute  of 
Patriotism,  who  should  labor  to  subvert  these  great  pillars 
of  human  happiness,  these  firmest  props  of  the  duties  of 
Men  and  Citizens. — The  mere  Politician,  equally  with  the 
pious  man,  ought  to  respect  and  to  cherish  them. — A 

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NATIONAL     DOCUMENTS 

volume  could  not  trace  all  their  connexions  with  private 
and  public  felicity.— Let  it  simply  be  asked  where  is  the 
security  for  property,  for  reputation,  for  life,  if  the  sense 
of  religious  obligation  desert  the  oaths,  which  are  the  in 
struments  of  investigation  in  Courts  of  Justice?  And  let 
us  with  caution  indulge  the  supposition,  that  morality  can 
be  maintained  without  religion. — Whatever  may  be  con 
ceded  to  the  influence  of  refined  education  on  minds  of  pe 
culiar  structure — reason  and  experience  both  forbid  us  to 
expect,  that  national  morality  can  prevail  in  exclusion  of 
religious  principle. — 

'T  is  substantially  true,  that  virtue  or  morality  is  a 
necessary  spring  of  popular  government. — The  rule  in 
deed  extends  with  more  or  less  force  to  every  species  of 
Free  Government. — Who  that  is  a  sincere  friend  to  it  can 
look  with  indifference  upon  attempts  to  shake  the  founda 
tion  of  the  fabric? — 

Promote,  then,  as  an  object  of  primary  importance,  in 
stitutions  for  the  general  diffusion  of  knowledge.  In  pro 
portion  as  the  structure  of  a  government  gives  force  to 
public  opinion,  it  is  essential  that  public  opinion  should 
be  enlightened. — 

As  a  very  important  source  of  strength  and  security, 
cherish  public  credit. — One  method  of  preserving  it  is,  to 
use  it  as  sparingly  as  possible: — avoiding  occasions  of  ex 
pense  by  cultivating  peace,  but  remembering  also  that 
timely  disbursements  to  prepare  for  danger  frequently  pre 
vent  much  greater  disbursements  to  repel  it — avoiding  like 
wise  the  accumulation  of  debt,  not  only  by  shunning  occa 
sions  of  expense,  but  by  vigorous  exertions  in  time  of  Peace 
to  discharge  the  debts  which  unavoidable  wars  may  have 
occasioned,  not  ungenerously  throwing  upon  posterity  the 
burthen  which  we  ourselves  ought  to  bear.  The  execution 
of  these  maxims  belongs  to  your  Representatives,  but  it  is 

169 


NATIONAL     DOCUMENTS 

necessary  that  public  opinion  should  cooperate. — To  facili 
tate  to  them  the  performance  of  their  duty,  it  is  essential 
that  you  should  practically  bear  in  mind,  that  towards  the 
payment  of  debts  there  must  be  Revenue — that  to  have 
Revenue  there  must  be  taxes — that  no  taxes  can  be  devised, 
which  are  not  more  or  less  inconvenient  and  unpleasant — 
that  the  intrinsic  embarrassment,  inseparable  from  the  se 
lection  of  the  proper  objects  (which  is  always  a  choice  of 
difficulties)  ought  to  be  a  decisive  motive  for  a  candid  con 
struction  of  the  conduct  of  the  Government  in  making  it,  and 
for  a  spirit  of  acquiescence  in  the  measures  for  obtaining 
Revenue,  which  the  public  exigencies  may  at  any  time  dic 
tate.— 

Observe  good  faith  and  justice  towards  all  Nations. 
Cultivate  peace  and  harmony  with  all. — Religion  and 
Morality  enjoin  this  conduct;  and  can  it  be,  that  good 
policy  does  not  equally  enjoin  it? — It  will  be  worthy  of  a 
free,  enlightened,  and,  at  no  distant  period,  a  great  nation, 
to  give  to  mankind  the  magnanimous  and  too  novel  ex 
ample  of  a  People  always  guided  by  an  exalted  justice  and 
benevolence. — Who  can  doubt  that  in  the  course  of  time 
and  things,  the  fruits  of  such  a  plan  would  richly  repay 
any  temporary  advantages,  which  might  be  lost  by  a  steady 
adherence  to  it?  Can  it  be  that  Providence  has  not  con 
nected  the  permanent  felicity  of  a  Nation  with  its  virtue? 
The  experiment,  at  least,  is  recommended  by  every  senti 
ment  which  ennobles  human  nature. — Alas !  is  it  rendered 
impossible  by  its  vices? 

In  the  execution  of  such  a  plan  nothing  is  more  essential 
than  that  permanent,  inveterate  antipathies  against  par 
ticular  nations  and  passionate  attachments  for  others, 
should  be  excluded;  and  that,  in  place  of  them,  just  and 
amicable  feelings  towards  all  should  be  cultivated. — The 
Nation,  which  indulges  towards  another  an  habitual  hatred 

170 


NATIONAL     DOCUMENTS 

or  an  habitual  fondness,  is  in  some  degree  a  slave.  It  is  a 
slave  to  its  animosity  or  to  its  affection,  either  of  which  is 
sufficient  to  lead  it  astray  from  its  duty  and  its  interest. — 
Antipathy  in  one  nation  against  another  disposes  each  more 
readily  to  offer  insult  and  injury,  to  lay  hold  of  slight 
causes  of  umbrage,  and  to  be  haughty  and  intractable, 
when  accidental  or  trifling  occasions  of  dispute  occur. — 
Hence  frequent  collisions,  obstinate,  envenomed  and  bloody 
contests. — The  Nation  prompted  by  ill-will  and  resent 
ment,  sometimes  impels  to  War  the  Government,  contrary 
to  the  best  calculations  of  policy. — The  Government  some 
times  participates  in  the  national  propensity,  and  adopts 
through  passion  what  reason  would  reject; — at  other  times, 
it  makes  the  animosity  of  the  Nation  subservient  to  proj 
ects  of  hostility  instigated  by  pride,  ambition,  and  other 
sinister  and  pernicious  motives. — The  peace  often,  some 
times  perhaps  the  Liberty,  of  Nations  has  been  the 
victim. — 

So  likewise  a  passionate  attachment  of  one  Nation  for 
another  produces  a  variety  of  evils. — Sympathy  for  the 
favorite  nation,  facilitating  the  illusion  of  an  imaginary 
common  interest  in  cases  where  no  real  common  interest 
exists,  and  infusing  into  one  the  enmities  of  the  other,  be 
trays  the  former  into  a  participation  in  the  quarrels  and 
wars  of  the  latter,  without  adequate  inducement  or  justi 
fication.  It  leads  also  to  concessions  to  the  favorite  Nation 
of  privileges  denied  to  others,  which  is  apt  doubly  to  injure 
the  Nation  making  the  concessions;  by  unnecessarily  part 
ing  with  what  ought  to  have  been  retained;  and  by  excit 
ing  jealousy,  ill-will,  and  a  disposition  to  retaliate,  in  the 
parties  from  whom  equal  privileges  are  withheld;  and  it 
gives  to  ambitious,  corrupted,  or  deluded  citizens,  (who  de 
vote  themselves  to  the  favorite  Nation)  facility  to  betray 
or  sacrifice  the  interests  of  their  own  country,  without 

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odium,  sometimes  even  with  popularity: — gilding,  with  the 
appearances  of  a  virtuous  sense  of  obligation,  a  commend 
able  deference  for  public  opinion,  or  a  laudable  zeal  for 
public  good,  the  base  or  foolish  compliances  of  ambition, 
corruption,  or  infatuation. — 

As  avenues  to  foreign  influence  in  innumerable  ways, 
such  attachments  are  particularly  alarming  to  the  truly 
enlightened  and  independent  Patriot. — How  many  oppor 
tunities  do  they  afford  to  tamper  with  domestic  factions,  to 
practise  the  arts  of  seduction,  to  mislead  public  opinion,  to 
influence  or  awe  the  public  councils !  Such  an  attachment 
of  a  small  or  weak,  towards  a  great  and  powerful  nation, 
dooms  the  former  to  be  the  satellite  of  the  latter. 

Against  the  insidious  wiles  of  foreign  influence,  I  con 
jure  you  to  believe  me,  fellow-citizens,  the  jealousy  of  a 
free  people  ought  to  be  constantly  awake ;  since  history 
and  experience  prove  that  foreign  influence  is  one  of  the 
most  baneful  foes  of  republican  Government. — But  that 
jealousy,  to  be  useful,  must  be  impartial;  else  it  becomes 
the  instrument  of  the  very  influence  to  be  avoided,  instead 
of  a  defense  against  it. — Excessive  partiality  for  one 
foreign  nation,  and  excessive  dislike  of  another,  cause  those 
whom  they  actuate  to  see  danger  only  on  one  side,  and 
serve  to  veil  and  even  second  the  arts  of  influence  on  the 
other.  Real  Patriots,  who  may  resist  the  intrigues  of  the 
favourite,  are  liable  to  become  suspected  and  odious;  while 
its  tools  and  dupes  usurp  the  applause  and  confidence  of 
the  people,  to  surrender  their  interests. — 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign 
Nations,  is,  in  extending  our  commercial  relations,  to  have 
with  them  as  little  Political  connection  as  possible. — So  far 
as  we  have  already  formed  engagements,  let  them  be  ful 
filled  with  perfect  good  faith. — Here  let  us  stop. — 

Europe  has  a  set  of  primary  interests,  which  to  us  have 
172 


NATIONAL     DOCUMENTS 

none,  or  a  very  remote  relation.— Hence  she  must  be  en 
gaged  in  frequent  controversies,  the  causes  of  which  are 
essentially  foreign  to  our  concerns.— Hence,  therefore,  it 
must  be  unwise  in  us  to  implicate  ourselves,  by  artificial 
ties  in  the  ordinary  vicissitudes  of  her  politics,  or  the  ordi 
nary  combinations  and  collisions  of  her  friendships,  or 
enmities. 

Our  detached  and  distant  situation  invites  and  enables 
us  to  pursue  a  different  course.— If  we  remain  one  People, 
under  an  efficient  government,  the  period  is  not  far  off, 
when  we  may  defy  material  injury  from  external  annoy 
ance;  when  we  may  take  such  an  attitude  as  will  cause  the 
neutrality  we  may  at  any  time  resolve  upon  to  be  scrupu 
lously  respected.  When  belligerent  nations,  under  the 
impossibility  of  making  acquisitions  upon  us,  will  not 
lightly  hazard  the  giving  us  provocation  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  our  justice, 
shall  counsel. 

Why  forego  the  advantages  of  so  peculiar  a  situation  ? — 
Why  quit  our  own  to  stand  upon  foreign  ground? — Why, 
by  interweaving  our  destiny  with  that  of  any  part  of 
Europe,  entangle  our  peace  and  prosperity  in  the  toils  of 
European  ambition,  rivalship,  interest,  humor,  or  caprice  ? — 

'T  is  our  true  policy  to  steer  clear  of  permanent  alli 
ances,  with  any  portion  of  the  foreign  world; — so  far,  I 
mean,  as  we  are  now  at  liberty  to  do  it; — for  let  me  not  be 
understood  as  capable  of  patronizing  infidelity  to  existing 
engagements.  (I  hold  the  maxim  no  less  applicable  to 
public  than  to  private  affairs,  that  honesty  is  always  the 
best  policy.) — I  repeat  it  therefore  let  those  engagements 
be  observed  in  their  genuine  sense. — But  in  my  opinion  it  is 
unnecessary  and  would  be  unwise  to  extend  them. — 

Taking  care  always  to  keep  ourselves,  by  suitable  estab 
lishments,  on  a  respectable  defensive  posture,  we  may 

173 


NATIONAL     DOCUMENTS 

safely  trust  to  temporary  alliances  for  extraordinary  emer 
gencies. — 

Harmony,  liberal  intercourse  with  all  nations,  are  recom 
mended  by  policy,  humanity,  and  interest.  But  even  our 
commercial  policy  should  hold  an  equal  and  impartial  hand : 
— neither  seeking  nor  granting  exclusive  favors  or  prefer 
ences  ; — consulting  the  natural  course  of  things ; — diffusing 
and  diversifying  by  gentle  means  the  streams  of  commerce, 
but  forcing  nothing; — establishing  with  Powers  so  disposed 
— in  order  to  give  trade  a  stable  course,  to  define  the  rights 
of  our  Merchants,  and  to  enable  the  Government  to  sup 
port  them — conventional  rules  of  intercourse,  the  best  that 
present  circumstances  and  mutual  opinion  will  permit;  but 
temporary,  and  liable  to  be  from  time  to  time  abandoned  or 
varied,  as  experience  and  circumstances  shall  dictate;  con 
stantly  keeping  in  view,  that  't  is  folly  in  one  nation  to  look 
for  disinterested  favors  from  another; — that  it  must  pay 
with  a  portion  of  its  independence  for  whatever  it  may 
accept  under  that  character — that  by  such  acceptance,  it 
may  place  itself  in  the  condition  of  having  given  equiva 
lents  for  nominal  favors,  and  yet  of  being  reproached  with 
ingratitude  for  not  giving  more. — There  can  be  no  greater 
error  than  to  expect  or  calculate  upon  real  favors  from 
Nation  to  Nation.  'T  is  an  illusion,  which  experience  must 
cure,  which  a  just  pride  ought  to  discard. 

In  offering  to  you,  my  Countrymen,  these  counsels  of  an 
old  and  affectionate  friend,  I  dare  not  hope  they  will  make 
the  strong  and  lasting  impression,  I  could  wish, — that  they 
will  controul  the  usual  current  of  the  passions,  or  prevent 
our  Nation  from  running  the  course  which  has  hitherto 
marked  the  destiny  of  Nations.  But  if  I  may  even  flatter 
myself,  that  they  may  be  productive  of  some  partial  bene 
fit;  some  occasional  good;  that  they  may  now  and  then 
recur  to  moderate  the  fury  of  party  spirit,  to  warn  against 

174 


NATIONAL     DOCUMENTS 

the  mischiefs  of  foreign  intrigue,  to  guard  against  the  im 
postures  of  pretended  patriotism,  this  hope  will  be  a  full 
recompense  for  the  solicitude  for  your  welfare,  by  which 
they  have  been  dictated. — 

How  far  in  the  discharge  of  my  official  duties,  I  have 
been  guided  by  the  principles  which  have  been  delineated, 
the  public  Records  and  other  evidences  of  my  conduct  must 
witness  to  You  and  to  the  world.— To  myself  the  assurance 
of  my  own  conscience  is,  that  I  have  at  least  believed  my 
self  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  War  in  Europe,  my 
Proclamation  of  the  22d  of  April  1793  is  the  index  to  my 
plan. — Sanctioned  by  your  approving  voice  and  by  that  of 
your  Representatives  in  both  Houses  of  Congress,  the  spirit 
of  that  measure  has  continually  governed  me: — uninflu 
enced  by  any  attempts  to  deter  or  divert  me  from  it. 

After  deliberate  examination  with  the  aid  of  the  best 
lights  I  could  obtain,  I  was  well  satisfied  that  our  country, 
under  all  the  circumstances  of  the  case,  had  a  right  to 
take,  and  was  bound  in  duty  and  interest  to  take,  a  Neutral 
position. — Having  taken  it,  I  determined,  as  far  as  should 
depend  upon  me,  to  maintain  it,  with  moderation,  persever 
ance,  and  firmness. — 

The  considerations  which  respect  the  right  to  hold  this 
conduct,  it  is  not  necessary  on  this  occasion  to  detail.  I  will 
only  observe,  that,  according  to  my  understanding  of  the 
matter,  that  right,  so  far  from  being  denied  by  any  of  the 
Belligerent  Powers,  has  been  virtually  admitted  by  all. — 

The  duty  of  holding  a  neutral  conduct  may  be  inferred, 
without  any  thing  more,  from  the  obligation  which  justice 
and  humanity  impose  on  every  Nation,  in  cases  in  which 
it  is  free  to  act,  to  maintain  inviolate  the  relations  of  Peace 
and  Amity  towards  other  Nations. — 

The  inducements  of  interest  for  observing  that  conduct 
175 


NATIONAL     DOCUMENTS 

will  best  be  referred  to  your  own  reflections  and  experience. 
— With  me,  a  predominant  motive  has  been  to  endeavour 
to  gain  time  to  our  country  to  settle  and  mature  its  yet 
recent  institutions,  and  to  progress  without  interruption  to 
that  degree  of  strength  and  consistency,  which  is  necessary 
to  give  it,  humanly  speaking,  the  command  of  its  own 
fortunes. 

Though,  in  reviewing  the  incidents  of  my  Administra 
tion,  I  am  unconscious  of  intentional  error — I  am  neverthe 
less  too  sensible  of  my  defects  not  to  think  it  probable  that 
I  may  have  committed  many  errors. — Whatever  they  may 
be,  I  fervently  beseech  the  Almighty  to  avert  or  mitigate 
the  evils  to  which  they  may  tend. — I  shall  also  carry  with 
me  the  hope  that  my  country  will  never  cease  to  view  them 
with  indulgence;  and  that,  after  forty-five  years  of  my  life 
dedicated  to  its  service  with  an  upright  zeal,  the  faults  of 
incompetent  abilities  will  be  consigned  to  oblivion,  as  my 
self  must  soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this  as  in  other  things,  and 
actuated  by  that  fervent  love  towards  it,  which  is  so  natural 
to  a  man,  who  views  in  it  the  native  soil  of  himself  and  his 
progenitors  for  several  generations; — I  anticipate  with 
pleasing  expectation  that  retreat,  in  which  I  promise  my 
self  to  realize,  without  alloy,  the  sweet  enjoyment  of  par 
taking,  in  the  midst  of  my  fellow-citizens,  the  benign  in 
fluence  of  good  Laws  under  a  free  Government,  the  ever 
favorite  object  of  my  heart,  and  the  happy  reward,  as  I 
trust,  of  our  mutual  cares,  labors,  and  dangers. 


176 


Treaty  with  France    1803 

Treaty  with  France  for  the  Cession  of  Louisiana,  Con 
cluded  at  Paris  April  30,  1803;  Ratification  Advised  by 
Senate  October  20,  1803;  Ratified  by  President  October  21, 
1803;  Ratifications  Exchanged  at  Washington  October  21, 
1803;  Proclaimed  October  21,  1803. 

The  President  of  the  United  States  of  America,  and  the 
First  Consul  of  the  French  Republic,  in  the  name  of  the 
French  people,  desiring  to  remove  all  source  of  misunder 
standing  relative  to  objects  of  discussion  mentioned  in  the 
second  and  fifth  articles  of  the  convention  of  the  8th  Ven- 
demiaire,  an  9  (30th  September,  1800)  relative  to  the  rights 
claimed  by  the  United  States,  in  virtue  of  the  treaty  con 
cluded  at  Madrid,  the  27th  of  October,  1795,  between  His 
Catholic  Majesty  and  the  said  United  States,  and  willing 
to  strengthen  the  union  and  friendship  which  at  the  time  of 
the  said  convention  was  happily  re-established  between  the 
two  nations,  have  respectively  named  their  Plenipotentiaries, 
to  wit :  the  President  of  the  United  States,  [of  America,]  by 
and  with  the  advice  and  consent  of  the  Senate  of  the  said 
States,  Robert  R.  Livingston,  Minister  Plenipotentiary  of 
the  United  States,  and  James  Monroe,  Minister  Plenipoten 
tiary  and  Envoy  Extraordinary  of  the  said  States,  near  the 
Government  of  the  French  Republic;  and  the  First  Consul, 
in  the  name  of  the  French  people,  Citizen  Francis  Barbe 
Marbois,  Minister  of  the  Public  Treasury;  who,  after  having 
respectively  exchanged  their  full  powers,  have  agreed  to  the 
following  articles: 

ARTICLE     I 

Whereas  by  the  article  the  third  of  the  treaty  concluded 
at  St.  Idelfonso,  the  9th  Vendemiaire,  an  9  (1st  October, 

177 


NATIONAL     DOCUMENTS 

1800,)  between  the  First  Consul  of  the  French  Republic  and 
His  Catholic  Majesty,  it  was  agreed  as  follows:  "His 
Catholic  Majesty  promises  and  engages  on  his  part,  to  cede 
to  the  French  Republic,  six  months  after  the  full  and  entire 
execution  of  the  conditions  and  stipulations  herein  relative 
to  His  Royal  Highness  the  Duke  of  Parma,  the  colony  or 
province  of  Louisiana,  with  the  same  extent  that  it  now  has 
in  the  hands  of  Spain,  and  that  it  had  when  France  possessed 
it,  and  such  as  it  should  be  after  the  treaties  subsequently 
entered  into  between  Spain  and  other  States."  And  whereas, 
in  pursuance  of  the  treaty,  and  particularly  of  the  third  arti 
cle,  the  French  Republic  has  an  incontestable  title  to  the 
domain  and  to  the  possession  of  the  said  territory:  The 
First  Consul  of  the  French  Republic  desiring  to  give  to  the 
United  States  a  strong  proof  of  his  friendship,  doth  hereby 
cede  to  the  said  United  States,  in  the  name  of  the  French 
Republic,  forever  and  in  full  sovereignty,  the  said  territory, 
with  all  its  rights  and  appurtenances,  as  fully  and  in  the 
same  manner  as  they  have  been  acquired  by  the  French 
Republic,  in  virtue  of  the  above-mentioned  treaty,  concluded 
with  His  Catholic  Majesty. 

ARTICLE     II 

In  the  cession  made  by  the  preceding  article  are  included 
the  adjacent  islands  belonging  to  Louisiana,  all  public  lots 
and  squares,  vacant  lands,  and  all  public  buildings,  forti 
fications,  barracks  and  other  edifices  which  are  not  private 
property.  The  archives,  papers,  and  documents,  relative  to 
the  domain  and  sovereignty  of  Louisiana  and  its  depend 
ences,  will  be  left  in  the  possession  of  the  commissaries  of 
the  United  States,  and  copies  will  be  afterwards  given  in 
due  form  to  the  magistrates  and  municipal  officers  of  such 
of  the  said  papers  and  documents  as  may  be  necessary 
to  them. 

178 


NATIONAL    DOCUMENTS 


ARTICLE     III 


The  inhabitants  of  the  ceded  territory  shall  be  incor 
porated  in  the  Union  of  the  United  States,  and  admitted  as 
soon  as  possible,  according  to  the  principles  of  the  Federal 
constitution,  to  the  enjoyment  of  all  the  rights,  advantages, 
and  immunities  of  citizens  of  the  United  States;  and  in  the 
mean  time  they  shall  be  maintained  and  protected  in  the 
free  enjoyment  of  their  liberty,  property,  and  the  religion 
which  they  profess. 

ARTICLE     IV 

There  shall  be  sent  by  the  Government  of  France  a  com 
missary  to  Louisiana,  to  the  end  that  he  do  every  act  neces 
sary,  as  well  to  receive  from  the  officers  of  His  Catholic 
Majesty  the  said  country  and  its  dependences,  in  the  name 
of  the  French  Republic,  if  it  has  not  been  already  done,  as 
to  transmit  it  in  the  name  of  the  French  Republic  to  the 
commissary  or  agent  of  the  United  States. 


ARTICLE  v 

Immediately  after  the  ratification  of  the  present  treaty 
by  the  President  of  the  United  States,  and  in  case  that  of 
the  First  Consul  shall  have  been  previously  obtained,  the 
commissary  of  the  French  Republic  shall  remit  all  military 
posts  of  New  Orleans,  and  other  parts  of  the  ceded  territory, 
to  the  commissary  or  commissaries  named  by  the  President 
to  take  possession ;  the  troops,  whether  of  France  or  Spain, 
who  may  be  there  shall  cease  to  occupy  any  military  post 
from  the  time  of  taking  possession,  and  shall  be  embarked 
as  soon  as  possible,  in  the  course  of  three  months  after  the 
ratification  of  this  treaty. 

179 


NATIONAL     DOCUMENTS 


ARTICLE    VI 


The  United  States  promise  to  execute  such  treaties  and 
articles  as  may  have  been  agreed  between  Spain  and  the 
tribes  and  nations  of  Indians,  until,  by  mutual  consent  of  the 
United  States  and  the  said  tribes  or  nations,  other  suitable 
articles  shall  have  been  agreed  upon. 


ARTICLE    VII 


As  it  is  reciprocally  advantageous  to  the  commerce  of 
France  and  the  United  States  to  encourage  the  communica 
tion  of  both  nations  for  a  limited  time  in  the  country  ceded 
by  the  present  treaty,  until  general  arrangements  relative  to 
the  commerce  of  both  nations  may  be  agreed  on ;  it  has  been 
agreed  between  the  contracting  parties,  that  the  French 
ships  coming  directly  from  France  or  any  of  her  colonies, 
loaded  only  with  the  produce  and  manufactures  of  France  or 
her  said  colonies;  and  the  ships  of  Spain  coming  directly 
from  Spain  or  any  of  her  colonies,  loaded  only  with  the  pro 
duce  or  manufactures  of  Spain  or  her  colonies,  shall  be 
admitted  during  the  space  of  twelve  years  in  the  port  of  New 
Orleans,  and  in  all  other  legal  ports  of  entry  within  the 
ceded  territory,  in  the  same  manner  as  the  ships  of  the  United 
States  coming  directly  from  France  or  Spain,  or  any  of  their 
colonies,  without  being  subject  to  any  other  or  greater  duty 
on  merchandize,  or  other  or  greater  tonnage  than  that  paid 
by  the  citizens  of  the  United  States. 

During  the  space  of  time  above  mentioned,  no  other  nation 
shall  have  a  right  to  the  same  privileges  in  the  ports  of  the 
ceded  territory;  the  twelve  years  shall  commence  three 
months  after  the  exchange  of  ratifications,  if  it  shall  take 
place  in  France,  or  three  months  after  it  shall  have  been 

180 


NATIONAL     DOCUMENTS 

notified  at  Paris  to  the  French  Government,  if  it  shall  take 
place  in  the  United  States;  it  is  however  well  understood 
that  the  object  of  the  above  article  is  to  favor  the  manu 
factures,  commerce,  freight,  and  navigation  of  France  and  of 
Spain,  so  far  as  relates  to  the  importations  that  the  French 
and  Spanish  shall  make  into  the  said  ports  of  the  United 
States,  without  in  any  sort  affecting  the  regulations  that 
the  United  States  may  make  concerning  the  exportation  of 
the  produce  and  merchandize  of  the  United  States,  or  any 
right  they  may  have  to  make  such  regulations. 


ARTICLE    VIII 

In  future  and  forever  after  the  expiration  of  the  twelve 
years,  the  ships  of  France  shall  be  treated  upon  the  footing 
of  the  most  favoured  nations  in  the  ports  above  mentioned. 


ARTICLE    IX 

The  particular  convention  signed  this  day  by  the  respec 
tive  ministers,  having  for  its  object  to  provide  for  the  pay 
ment  of  debts  due  to  the  citizens  of  the  United  States  by  the 
French  Republic  prior  to  the  30th  Septr.,  1800,  (8th  Vende- 
miaire,  an  9,)  is  approved,  and  to  have  its  execution  in  the 
same  manner  as  if  it  had  been  inserted  in  this  present  treaty ; 
and  it  shall  be  ratified  in  the  same  form  and  in  the  same 
time,  so  that  the  one  shall  not  be  ratified  distinct  from  the 
other. 

Another  particular  convention  signed  at  the  same  date  as 
the  present  treaty  relative  to  a  definitive  rule  between  the 
contracting  parties  is  in  the  like  manner  approved,  and  will 
be  ratified  in  the  same  form,  and  in  the  same  time,  and 
jointly. 

181 


NATIONAL     DOCUMENTS 


ARTICLE    X 

The  present  treaty  shall  be  ratified  in  good  and  due  form, 
and  the  ratifications  shall  be  exchanged  in  the  space  of  six 
months  after  the  date  of  the  signature  by  the  Ministers 
Plenipotentiary,  or  sooner  if  possible. 

In  faith  whereof,  the  respective  Plenipotentiaries  have 
signed  these  articles  in  the  French  and  English  languages ; 
declaring  nevertheless  that  the  present  treaty  was  originally 
agreed  to  in  the  French  language ;  and  have  thereunto  affixed 
their  seals. 

Done  at  Paris  the  tenth  day  of  Floreal,  in  the  eleventh 
year  of  the  French  Republic,  and  the  30th  of  April,  1803. 

ROBT.    R.   LIVINGSTON     [L.  s.] 
JAS.  MONROE  [L.  s.] 

F.  BARBE*  MARBOIS          [L.  s.] 


182 


Treaty  with  Great  Britain    1814 

Treaty  of  Peace  and  Amity  between  His  Britannic  Ma 
jesty  and  the  United  States  of  America,  Concluded  at  Ghent 
December  24,  1814;  Ratification  Advised  by  Senate  Febru 
ary  16,  1815;  Ratified  by  President  February  17,  1815; 
Ratifications  Exchanged  at  Washington  February  17,  1815; 
Proclaimed  February  18,  1815. 

His  Britannic  Majesty  and  the  United  States  of  America, 
desirous  of  terminating  the  war  which  has  unhappily  sub 
sisted  between  the  two  countries,  and  of  restoring,  upon 
principles  of  perfect  reciprocity,  peace,  friendship,  and  good 
understanding  between  them,  have,  for  that  purpose, 
appointed  their  respective  Plenipotentiaries,  that  is  to  say: 

His  Britannic  Majesty,  on  his  part,  has  appointed  the 
Right  Honourable  James  Lord  Gambier,  late  Admiral  of 
the  White,  now  Admiral  of  the  Red  Squadron  of  His  Maj 
esty's  fleet,  Henry  Goulburn,  Esquire,  a  member  of  the 
Imperial  Parliament,  and  Under  Secretary  of  State,  and 
William  Adams,  Esquire,  Doctor  of  Civil  Laws;  and  the 
President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  has  appointed  John  Quincy 
Adams,  James  A.  Bayard,  Henry  Clay,  Jonathan  Russell, 
and  Albert  Gallatin,  citizens  of  the  United  States ; 

Who,  after  a  reciprocal  communication  of  their  respective 
full  powers,  have  agreed  upon  the  following  articles : 


ARTICLE     I 


There  shall  be  a  firm  and  universal  peace  between  His 
Britannic  Maj  esty  and  the  United  States,  and  between  their 

183 


NATIONAL     DOCUMENTS 

respective  countries,  territories,  cities,  towns,  and  people, 
of  every  degree,  without  exception  of  places  or  persons.  All 
hostilities,  both  by  sea  and  land,  shall  cease  as  soon  as  this 
treaty  shall  have  been  ratified  by  both  parties,  as  hereinafter 
mentioned.  All  territory,  places,  and  possessions  whatso 
ever,  taken  by  either  party  from  the  other  during  the  war, 
or  which  may  be  taken  after  the  signing  of  this  treaty, 
excepting  only  the  islands  hereinafter  mentioned,  shall 
be  restored  without  delay,  and  without  causing  any  destruc 
tion  or  carrying  away  any  of  the  artillery  or  other  public 
property  originally  captured  in  the  said  forts  or  places, 
and  which  shall  remain  therein  upon  the  exchange  of  the 
ratifications  of  this  treaty,  or  any  slaves  or  other  private 
property.  And  all  archives,  records,  deeds,  and  papers, 
either  of  a  public  nature  or  belonging  to  private  persons, 
which,  in  the  course  of  the  war,  may  have  fallen  into  the 
hands  of  the  officers  of  either  party,  shall  be,  as  far  as  may  be 
practicable,  forthwith  restored  and  delivered  to  the  proper 
authorities  and  persons  to  whom  they  respectively  belong. 
Such  of  the  islands  in  the  Bay  of  Passamaquoddy  as  are 
claimed  by  both  parties,  shall  remain  in  the  possession  of  the 
party  in  whose  occupation  they  may  be  at  the  time  of  the  ex 
change  of  the  ratifications  of  this  treaty,  until  the  decision 
respecting  the  title  to  the  said  islands  shall  have  been  made 
in  conformity  with  the  fourth  article  of  this  treaty.  No  dis 
position  made  by  this  treaty  as  to  such  possession  of  the 
islands  and  territories  claimed  by  both  parties  shall,  in  any 
manner  whatever,  be  construed  to  affect  the  right  of  either. 


ARTICLE    II 

Immediately  after  the  ratifications  of  this  treaty  by  both 
parties,  as  hereinafter  mentioned,  orders  shall  be  sent  to  the 
armies,  squadrons,  officers,  subjects  and  citizens  of  the  two 

184 


NATIONAL    DOCUMENTS 

Powers  to  cease  from  all  hostilities.  And  to  prevent  all 
causes  of  complaint  which  might  arise  on  account  of  the 
prizes  which  may  be  taken  at  sea  after  the  said  ratifications 
of  this  treaty,  it  is  reciprocally  agreed  that  all  vessels  and 
effects  which  may  be  taken  after  the  space  of  twelve  days 
from  the  said  ratifications,  upon  all  parts  of  the  coast  of 
North  America,  from  the  latitude  of  twenty-three  degrees 
north  to  the  latitude  of  fifty  degrees  north,  and  as  far 
eastward  in  the  Atlantic  Ocean  as  the  thirty-sixth 
degree  of  west  longitude  from  the  meridian  of  Green 
wich,  shall  be  restored  on  each  side:  that  the  time  shall 
be  thirty  days  in  all  other  parts  of  the  Atlantic  Ocean  north 
of  the  equinoctial  line  or  equator,  and  the  same  time  for  the 
British  and  Irish  Channels,  for  the  Gulf  of  Mexico,  and  all 
parts  of  the  West  Indies;  forty  days  for  the  North  Seas, 
for  the  Baltic,  and  for  all  parts  of  the  Mediterranean ;  sixty 
days  for  the  Atlantic  Ocean  south  of  the  equator,  as  far 
as  the  latitude  of  the  Cape  of  Good  Hope;  ninety  days  for 
every  other  part  of  the  world  south  of  the  equator ;  and  one 
hundred  and  twenty  days  for  all  other  parts  of  the  world, 
without  exception. 

ARTICLE    III 

All  prisoners  of  war  taken  on  either  side,  as  well  by  land 
as  by  sea,  shall  be  restored  as  soon  as  practicable  after  the 
ratifications  of  this  treaty,  as  hereinafter  mentioned,  on  their 
paying  the  debts  which  they  may  have  contracted  during 
their  captivity.  The  two  contracting  parties  respectively 
engage  to  discharge,  in  specie,  the  advances  which  may  have 
been  made  by  the  other  for  the  sustenance  and  maintenance 
of  such  prisoners. 

ARTICLE    IV 

Whereas  it  was  stipulated  by  the  second  article  in  the 
treaty  of  peace  of  one  thousand  seven  hundred  and  eighty- 

185 


NATIONAL     DOCUMENTS 

three,  between  His  Britannic  Majesty  and  the  United 
States  of  America,  that  the  boundary  of  the  United  States 
should  comprehend  all  islands  within  twenty  leagues  of  any 
part  of  the  shores  of  the  United  States,  and  lying  between 
lines  to  be  drawn  due  east  from  the  points  where  the  afore 
said  boundaries,  between  Nova  Scotia  on  the  one  part,  and 
East  Florida  on  the  other,  shall  respectively  touch  the  Bay 
of  Fundy  and  the  Atlantic  Ocean,  excepting  such  islands  as 
now  are,  or  heretofore  have  been,  within  the  limits  of  Nova 
Scotia ;  and  whereas  the  several  islands  in  the  Bay  of  Passa- 
maquoddy,  which  is  part  of  the  Bay  of  Fundy,  and  the  Is 
land  of  Grand  Menan,  in  the  said  Bay  of  Fundy,  are  claimed 
by  the  United  States  as  being  comprehended  within  their 
aforesaid  boundaries,  which  said  islands  are  claimed  as  be 
longing  to  His  Britannic  Majesty,  as  having  been,  at  the  time 
of  and  previous  to  the  aforesaid  treaty  of  one  thousand  seven 
hundred  and  eighty-three,  within  the  limits  of  the  Province 
of  Nova  Scotia:  In  order,  therefore,  finally  to  decide  upon 
these  claims,  it  is  agreed  that  they  shall  be  referred  to  two 
Commissioners  to  be  appointed  in  the  following  manner, 
viz :  One  Commissioner  shall  be  appointed  by  His  Britannic 
Majesty,  and  one  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate  thereof; 
and  the  said  two  Commissioners  so  appointed  shall  be  sworn 
impartially  to  examine  and  decide  upon  the  said  claims 
according  to  such  evidence  as  shall  be  laid  before  them  on 
the  part  of  His  Britannic  Majesty  and  of  the  United  States 
respectively.  The  said  Commissioners  shall  meet  at  St. 
Andrews,  in  the  Province  of  New  Brunswick,  and  shall  have 
power  to  adjourn  to  such  other  place  or  places  as  they  shall 
think  fit.  The  said  Commissioners  shall,  by  a  declaration 
or  report  under  their  hands  and  seals,  decide  to  which  of  the 
two  contracting  parties  the  several  islands  aforesaid  do 
respectively  belong,  in  conformity  with  the  true  intent  of  the 

186 


NATIONAL     DOCUMENTS 

said  treaty  of  peace  of  one  thousand  seven  hundred  and 
eighty-three.  And  if  the  said  Commissioners  shall  agree 
in  their  decision,,  both  parties  shall  consider  such  decision 
as  final  and  conclusive.  It  is  further  agreed  that,  in  the 
event  of  the  two  Commissioners  differing  upon  all  or  any 
of  the  matters  so  referred  to  them,  or  in  the  event  of  both 
or  either  of  the  said  Commissioners  refusing,  or  declining, 
or  wilfully  omitting  to  act  as  such,  they  shall  make,  jointly 
or  separately,  a  report  or  reports,  as  well  to  the  Government 
of  His  Britannic  Majesty  as  to  that  of  the  United  States, 
stating  in  detail  the  points  on  which  they  differ,  and  the 
grounds  upon  which  their  respective  opinions  have  been 
formed,  or  the  grounds  upon  which  they,  or  either  of  them, 
have  so  refused,  declined,  or  omitted  to  act.  And  His  Bri 
tannic  Majesty  and  the  Government  of  the  United  States 
hereby  agree  to  refer  the  report  or  reports  of  the  said  Com 
missioners  to  some  friendly  sovereign  or  State,  to  be  then 
named  for  that  purpose,  and  who  shall  be  requested  to  decide 
on  the  differences  which  may  be  stated  in  the  said  report 
or  reports,  or  upon  the  report  of  one  Commissioner,  together 
with  the  grounds  upon  which  the  other  Commissioner  shall 
have  refused,  declined,  or  omitted  to  act,  as  the  case  may  be. 
And  if  the  Commissioner  so  refusing,  declining,  or  omitting 
to  act,  shall  also  wilfully  omit  to  state  the  grounds  upon 
which  he  has  so  done,  in  such  manner  that  the  said  statement 
may  be  referred  to  such  friendly  sovereign  or  State,  together 
with  the  report  of  such  other  Commissioner,  then  such  sover 
eign  or  State  shall  decide  ex  parte  upon  the  said  report  alone. 
And  His  Britannic  Majesty  and  the  Government  of  the 
United  States  engage  to  consider  the  decision  of  such 
friendly  sovereign  or  State  to  be  final  and  conclusive  on  all 
the  matters  so  referred. 


187 


NATIONAL     DOCUMENTS 

ARTICLE    V 

Whereas  neither  that  point  of  the  highlands  lying  due 
north  from  the  source  of  the  river  St.  Croix,  and  designated 
in  the  former  treaty  of  peace  between  the  two  Powers  as 
the  northwest  angle  of  Nova  Scotia,  nor  the  northwestern- 
most  head  of  Connecticut  River,  has  yet  been  ascertained; 
and  whereas  that  part  of  the  boundary  line  between  the 
dominions  of  the  two  Powers  which  extends  from  the  source 
of  the  river  St.  Croix  directly  north  to  the  abovemeritioned 
northwest  angle  of  Nova  Scotia,  thence  along  the  said  high 
lands  which  divide  those  rivers  that  empty  themselves  into 
the  river  St.  Lawrence  from  those  which  fall  into  the  Atlan 
tic  Ocean  to  the  northwesternmost  head  of  Connecticut  River, 
thence  down  along  the  middle  of  that  river  to  the  forty-fifth 
degree  of  north  latitude ;  thence  by  a  line  due  west  on  said 
latitude  until  it  strikes  the  river  Iroquois  or  Cataraquy,  has 
not  yet  been  surveyed :  it  is  agreed  that  for  these  several  pur 
poses  two  Commissioners  shall  be  appointed,  sworn,  and 
authorized  to  act  exactly  in  the  manner  directed  with  respect 
to  those  mentioned  in  the  next  preceding  article,  unless  other 
wise  specified  in  the  present  article.  The  said  Commissioners 
shall  meet  at  St.  Andrews,  in  the  Province  of  New  Brunswick, 
and  shall  have  power  to  adj  ourn  to  such  other  place  or  places 
as  they  shall  think  fit.  The  said  Commissioners  shall  have 
power  to  ascertain  and  determine  the  points  above  mentioned, 
in  conformity  with  the  provisions  of  the  said  treaty  of  peace 
of  one  thousand  seven  hundred  and  eighty-three,  and  shall 
cause  the  boundary  aforesaid,  from  the  source  of  the  river 
St.  Croix  to  the  river  Iroquois  or  Cataraquy,  to  be  surveyed 
and  marked  according  to  the  said  provisions.  The  said  Com 
missioners  shall  make  a  map  of  the  said  boundary,  and  annex 
to  it  a  declaration  under  their  hands  and  seals,  certifying 
it  to  be  the  true  map  of  the  said  boundary,  and  particulariz- 

188 


NATIONAL     DOCUMENTS 

ing  the  latitude  and  longitude  of  the  northwest  angle  of 
Nova  Scotia,  of  the  northwesternmost  head  of  Connecticut 
River,  and  of  such  other  points  of  the  said  boundary  as  they 
may  deem  proper.  And  both  parties  agree  to  consider  such 
map  and  declaration  as  finally  and  conclusively  fixing  the 
said  boundary.  And  in  the  event  of  the  said  two  Commis 
sioners  differing,,  or  both  or  either  of  them  refusing,  declin 
ing,  or  wilfully  omitting  to  act,  such  reports,  declarations,  or 
statements  shall  be  made  by  them,  or  either  of  them,  and 
such  reference  to  a  friendly  sovereign  or  State  shall  be  made 
in  all  respects  as  in  the  latter  part  of  the  fourth  article  is 
contained,  and  in  as  full  a  manner  as  if  the  same  was  herein 
repeated. 

ARTICLE    VI 

Whereas  by  the  former  treaty  of  peace  that  portion  of  the 
boundary  of  the  United  States  from  the  point  where  the 
forty-fifth  degree  of  north  latitude  strikes  the  river  Iroquois 
or  Cataraquy  to  the  Lake  Superior,  was  declared  to  be 
"  along  the  middle  of  said  river  into  Lake  Ontario,  through 
the  middle  of  said  lake,  until  it  strikes  the  communication 
by  water  between  that  lake  and  Lake  Erie,  thence  along  the 
middle  of  said  communication  into  Lake  Erie,  through  the 
middle  of  said  lake  until  it  arrives  at  the  water  communi 
cation  into  Lake  Huron,  thence  through  the  middle  of  said 
lake  to  the  water  communication  between  that  lake  and 
Lake  Superior ;  "  and  whereas  doubts  have  arisen  what  was 
the  middle  of  the  said  river,  lakes,  and  water  communi 
cations,  and  whether  certain  islands  lying  in  the  same  were 
within  the  dominions  of  His  Britannic  Majesty  or  of  the 
United  States:  In  order,  therefore,  finally  to  decide  these 
doubts,  they  shall  be  referred  to  two  Commissioners,  to 
be  appointed,  sworn,  and  authorized  to  act  exactly  in  the 
manner  directed  with  respect  to  those  mentioned  in  the 

189 


NATIONAL     DOCUMENTS 

next  preceding  article,  unless  otherwise  specified  in  this 
present  article.  The  said  Commissioners  shall  meet,  in  the 
first  instance,  at  Albany,  in  the  State  of  New  York,  and  shall 
have  power  to  adj  ourn  to  such  other  place  or  places  as  they 
shall  think  fit.  The  said  Commissioners  shall,  by  a  report  or 
declaration,  under  their  hands  and  seals,  designate  the 
boundary  through  the  said  river,  lakes,  and  water  communi 
cations,  and  decide  to  which  of  the  two  contracting  parties 
the  several  islands  lying  within  the  said  rivers,  lakes,  and 
water  communications,  do  respectively  belong,  in  conformity 
with  the  true  intent  of  the  said  treaty  of  one  thousand  seven 
hundred  and  eighty-three.  And  both  parties  agree  to  con 
sider  such  designation  and  decision  as  final  and  conclusive. 
And  in  the  event  of  the  said  two  Commissioners  differing,  or 
both  or  either  of  them  refusing,  declining,  or  wilfully  omit 
ting  to  act,  such  reports,  declarations,  or  statements  shall 
be  made  by  them,  or  either  of  them,  and  such  reference  to 
a  friendly  sovereign  or  State  shall  be  made  in  all  respects  as 
in  the  latter  part  of  the  fourth  article  is  contained  and  in  as 
full  a  manner  as  if  the  same  was  herein  repeated. 


ARTICLE    VII 

It  is  further  agreed  that  the  said  two  last-mentioned  Com 
missioners,  after  they  shall  have  executed  the  duties  assigned 
to  them  in  the  preceding  article,  shall  be,  and  they  are 
hereby,  authorized  upon  their  oaths  impartially  to  fix  and 
determine,  according  to  the  true  intent  of  the  said  treaty 
of  peace  of  one  thousand  seven  hundred  and  eighty-three, 
that  part  of  the  boundary  between  the  dominions  of  the  two 
Powers  which  extends  from  the  water  communication  be 
tween  Lake  Huron  and  Lake  Superior,  to  the  most  north 
western  point  of  the  Lake  of  the  Woods,  to  decide  to  which 
of  the  two  parties  the  several  islands  lying  in  the  lakes, 

190 


NATIONAL     DOCUMENTS 

water  communications,  and  rivers,  forming  the  said  bound 
ary,  do  respectively  belong,  in  conformity  with  the  true 
intent  of  the  said  treaty  of  peace  of  one  thousand  seven 
hundred  and  eighty-three;  and  to  cause  such  parts  of  the 
said  boundary  as  require  it  to  be  surveyed  and  marked.  The 
said  Commissioners  shall,  by  a  report  or  declaration  under 
their  hands  and  seals,  designate  the  boundary  aforesaid, 
state  their  decision  on  the  points  thus  referred  to  them, 
and  particularize  the  latitude  and  longitude  of  the  most 
northwestern  point  of  the  Lake  of  the  Woods,  and  of  such 
other  parts  of  the  said  boundary  as  they  may  deem  proper. 
And  both  parties  agree  to  consider  such  designation  and 
decision  as  final  and  conclusive.  And  in  the  event  of  the 
said  two  Commissioners  differing,  or  both  or  either  of  them 
refusing,  declining,  or  wilfully  omitting  to  act,  such  reports, 
declarations,  or  statements  shall  be  made  by  them,  or  either 
of  them,  and  such  reference  to  a  friendly  sovereign  or  State 
shall  be  made  in  all  respects  as  in  the  latter  part  of  the 
fourth  article  is  contained,  and  in  as  full  a  manner  as  if  the 
same  was  herein  repeated. 


ARTICLE    VIII 

The  several  boards  of  two  Commissioners  mentioned  in 
the  four  preceding  articles  shall  respectively  have  power  to 
appoint  a  secretary,  and  to  employ  such  surveyors  or  other 
persons  as  they  shall  judge  necessary.  Duplicates  of  all 
their  respective  reports,  declarations,  statements,  and  deci 
sions,  and  of  their  accounts,  and  of  the  journal  of  their  pro 
ceedings,  shall  be  delivered  by  them  to  the  agents  of  His 
Britannic  Majesty  and  to  the  agents  of  the  United  St< 
who  may  be  respectively  appointed  and  authorized  to  manage 
the  business  on  behalf  of  their  respective  Governments.  The 
said  Commissioners  shall  be  respectively  paid  in  such  mannei 

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as  shall  be  agreed  between  the  two  contracting  parties,  such 
agreement  being  to  be  settled  at  the  time  of  the  exchange  of 
the  ratifications  of  this  treaty.  And  all  other  expenses  attend 
ing  the  said  commissions  shall  be  defrayed  equally  by  the 
two  parties.  And  in  the  case  of  death,  sickness,  resignation, 
or  necessary  absence,  the  place  of  every  such  Commissioner, 
respectively,  shall  be  supplied  in  the  same  manner  as  such 
Commissioner  was  first  appointed,  and  the  new  Commis 
sioner  shall  take  the  same  oath  or  affirmation,  and  do  the  same 
duties.  It  is  further  agreed  between  the  two  contracting 
parties,  that  in  case  any  of  the  islands  mentioned  in  any  of 
the  preceding  articles,  which  were  in  the  possession  of  one 
of  the  parties  prior  to  the  commencement  of  the  present  war 
between  the  two  countries,  should,  by  the  decision  of  any  of 
the  boards  of  Commissioners  aforesaid,  or  of  the  sovereign 
or  State  so  referred  to,  as  in  the  four  next  preceding  articles 
contained,  fall  within  the  dominions  of  the  other  party,  all 
grants  of  land  made  previous  to  the  commencement  of  the 
war,  by  the  party  having  had  such  possession,  shall  be  as 
valid  as  if  such  island  or  islands  had,  by  such  decision  or 
decisions,  been  adjudged  to  be  within  the  dominions  of  the 
party  having  had  such  possession. 


ARTICLE     IX 


The  United  States  of  America  engage  to  put  an  end, 
immediately  after  the  ratification  of  the  present  treaty,  to 
hostilities  with  all  the  tribes  or  nations  of  Indians  with 
whom  they  may  be  at  war  at  the  time  of  such  ratification ;  and 
forthwith  to  restore  to  such  tribes  or  nations,  respectively, 
all  the  possessions,  rights,  and  privileges  which  they  may 
have  enjoyed  or  been  entitled  to  in  one  thousand  eight 
hundred  and  eleven,  previous  to  such  hostilities:  Provided 
always  that  such  tribes  or  nations  shall  agree  to  desist  from 

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all  hostilities  against  the  United  States  of  America,  their 
citizens  and  subjects,  upon  the  ratification  of  the  present 
treaty  being  notified  to  such  tribes  or  nations,  and  shall  so 
desist  accordingly.  And  His  Britannic  Majesty  engages, 
on  his  part,  to  put  an  end  immediately  after  the  ratification 
of  the  present  treaty,  to  hostilities  with  all  the  tribes  or 
nations  of  Indians  with  whom  he  may  be  at  war  at  the  time 
of  such  ratification,  and  forthwith  to  restore  to  such  tribes 
or  nations  respectively  all  the  possessions,  rights,  and  privi 
leges  which  they  may  have  enjoyed  or  been  entitled  to  in 
one  thousand  eight  hundred  and  eleven,  previous  to  such  hos 
tilities:  Provided  always  that  such  tribes  or  nations  shall 
agree  to  desist  from  all  hostilities  against  His  Britannic 
Majesty,  and  his  subjects,  upon  the  ratification  of  the 
present  treaty  being  notified  to  such  tribes  or  nations,  and 
shall  so  desist  accordingly. 


ARTICLE  x 

Whereas  the  traffic  in  slaves  is  irreconcilable  with  the 
principles  of  humanity  and  justice,  and  whereas  both  His 
Majesty  and  the  United  States  are  desirous  of  continuing 
their  efforts  to  promote  its  entire  abolition,  it  is  hereby 
agreed  that  both  the  contracting  parties  shall  use  their  best 
endeavours  to  accomplish  so  desirable  an  object. 


ARTICLE    XI 

This  treaty,  when  the  same  shall  have  been  ratified  on  both 
sides,  without  alteration  by  either  of  the  contracting  parties, 
and  the  ratifications  mutually  exchanged,  shall  be  binding 
on  both  parties,  and  the  ratifications  shall  be  exchanged  at 
Washington,  in  the  space  of  four  months  from  this  day,  or 
sooner  if  practicable. 

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In  faith  whereof  we,  the  respective  Plenipotentiaries,  have 
signed  this  treaty,  and  have  thereunto  affixed  our  seals. 

Done,  in  triplicate,  at  Ghent,  the  twenty-fourth  day  of 
December,  one  thousand  eight  hundred  and  fourteen. 

GAMBIER  [L.  s.] 

HENRY  GOULBURN  [L.  s.] 

WILLIAM  ADAMS  [L.  s.] 
JOHN   QUINCY  ADAMS     [L.  s.] 

J.  A.  BAYARD  [L.  s.] 

H.   CLAY  [L.  s.] 

JONA.   RUSSELL  [L.  s.] 

ALBERT  GALLATIN  [L.  s.] 


Treaty  with  Spain    1819 

Treaty  of  Amity,  Settlement,  and  Limits  between  the 
United  States  of  America  and  His  Catholic  Majesty,  Con 
cluded  at  Washington  February  22,  1819;  Ratification  Ad 
vised  by  Senate  February  24,  1819;  Ratified  by  President; 
Ratified  by  the  King  of  Spain  October  24,  1820;  Ratifica 
tion  Again  Advised  by  Senate  February  19,  1821;  Ratified 
by  President  February  22,  1821;  Ratifications  Exchanged 
at  Washington  February  22,  1821;  Proclaimed  February 
22,  1821. 

The  United  States  of  America  and  His  Catholic  Majesty, 
desiring  to  consolidate,  on  a  permanent  basis,  the  friendship 
and  good  correspondence  which  happily  prevails  between 
the  two  parties,  have  determined  to  settle  and  terminate 
all  their  differences  and  pretensions,  by  a  treaty,  which  shall 
designate,  with  precision,  the  limits  of  their  respective  bor 
dering  territories  in  North  America. 

With  this  intention  the  President  of  the  United  States  has 
furnished  with  their  full  powers  John  Quincy  Adams,  Secre 
tary  of  State  of  the  said  United  States;  and  His  Catholic 
Majesty  has  appointed  the  Most  Excellent  Lord  Don  Luis 
De  Onis,  Gonzales,  Lopez  y  Vara,  Lord  of  the  town  of 
Rayaces,  Perpetual  Regidor  of  the  Corporation  of  the  city 
of  Salamanca,  Knight  Grand  Cross  of  the  Royal  American 
Order  of  Isabella  the  Catholic,  decorated  with  the  Lys  of 
La  Vendee,  Knight  Pensioner  of  the  Royal  and  Distin 
guished  Spanish  Order  of  Charles  the  Third,  Member  of 
the  Supreme  Assembly  of  the  said  Royal  Order;  of  the 
Council  of  His  Majesty;  His  Secretary,  with  Exercise  of 

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Decrees,  and  His  Envoy  Extraordinary  and  Minister  Pleni 
potentiary  near  the  United  States  of  America; 

And  the  said  Plenipotentiaries,  after  having  exchanged 
their  powers,  have  agreed  upon  and  concluded  the  following 
articles : 

ARTICLE    I 

There  shall  be  a  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  and  their  citizens  and 
His  Catholic  Majesty,  his  successors  and  subjects,  without 
exception  of  persons  or  places. 


ARTICLE    II 

His  Catholic  Majesty  cedes  to  the  United  States,  in  full 
property  and  sovereignty,  all  the  territories  which  belong  to 
him,  situated  to  the  eastward  of  the  Mississippi,  known  by 
the  name  of  East  and  West  Florida.  The  adjacent  islands 
dependent  on  said  provinces,  all  public  lots  and  squares, 
vacant  lands,  public  edifices,  fortifications,  barracks,  and 
other  buildings,  which  are  not  private  property,  archives  and 
documents,  which  relate  directly  to  the  property  and  sover 
eignty  of  said  provinces,  are  included  in  this  article.  The 
said  archives  and  documents  shall  be  left  in  possession  of 
the  commissaries  or  officers  of  the  United  States,  duly 
authorized  to  receive  them. 


ARTICLE     III 

The  boundary  line  between  the  two  countries,  west  of  the 
Mississippi,  shall  begin  on  the  Gulph  of  Mexico,  at  the  mouth 
of  the  river  Sabine,  in  the  sea,  continuing  north,  along  the 
western  bank  of  that  river,  to  the  32d  degree  of  latitude; 
thence,  by  a  line  due  north,  to  the  degree  of  latitude  where 

196 


NATIONAL     DOCUMENTS 

it  strikes  the  Rio  Roxo  of  Nachitoches,  or  Red  River;  then 
following  the  course  of  the  Rio  Roxo  westward,  to  the  degree 
of  longitude  100  west  from  London  and  23  from  Washing 
ton;  then,  crossing  the  said  Red  River,  and  running  thence 
by  a  line  due  north,  to  the  river  Arkansas ;  thence,  following 
the  course  of  the  southern  bank  of  the  Arkansas,  to  its 
source,  in  latitude  42  north ;  and  thence,  by  that  parallel  of 
latitude,  to  the  South  Sea.  The  whole  being  as  laid  down 
in  Melish's  map  of  the  United  States,  published  at  Phila 
delphia,  improved  to  the  first  of  January,  1818.  But  if  the 
source  of  the  Arkansas  River  shall  be  found  to  fall  north  or 
south  of  latitude  42,  then  the  line  shall  run  from  the  said 
source  due  south  or  north,  as  the  case  may  be,  till  it  meets 
the  said  parallel  of  latitude  42,  and  thence,  along  the  said 
parallel,  to  the  South  Sea:  All  the  islands  in  the  Sabine, 
and  the  said  Red  and  Arkansas  Rivers,  throughout  the  course 
thus  described,  to  belong  to  the  United  States ;  but  the  use 
of  the  waters,  and  the  navigation  of  the  Sabine  to  the  sea,  and 
of  the  said  rivers  Roxo  and  Arkansas,  throughout  the  extent 
of  the  said  boundary,  on  their  respective  banks,  shall  be  com 
mon  to  the  respective  inhabitants  of  both  nations. 

The  two  high  contracting  parties  agree  to  cede  and 
renounce  all  their  rights,  claims,  and  pretensions,  to  the  terri 
tories  described  by  the  said  line,  that  is  to  say :  The  United 
States  hereby  cede  to  His  Catholic  Majesty,  and  renounce 
forever,  all  their  rights,  claims,  and  pretensions,  to  the 
territories  lying  west  and  south  of  the  above-described  line ; 
and,  in  like  manner,  His  Catholic  Majesty  cedes  to  the  said 
United  States  all  his  rights,  claims,  and  pretensions  to  any 
territories  east  and  north  of  the  said  line,  and  for  himself, 
his  heirs,  and  successors,  renounces  all  claim  to  the  said 
territories  forever. 


197 


NATIONAL     DOCUMENTS 


ARTICLE    IV 


To  fix  this  line  with  more  precision,  and  to  place  the  land 
marks  which  shall  designate  exactly  the  limits  of  both 
nations,  each  of  the  contracting  parties  shall  appoint  a 
Commissioner  and  a  surveyor,  who  shall  meet  before  the 
termination  of  one  year  from  the  date  of  the  ratification  of 
this  treaty  at  Nachitoches,  on  the  Red  River,  and  proceed 
to  run  and  mark  the  said  line,  from  the  mouth  of  the  Sabine 
to  the  Red  River,  and  from  the  Red  River  to  the  river  Arkan 
sas,  and  to  ascertain  the  latitude  of  the  source  of  the  said 
river  Arkansas,  in  conformity  to  what  is  above  agreed  upon 
and  stipulated,  and  the  line  of  latitude  42,  to  the  South 
Sea:  they  shall  make  out  plans,  and  keep  journals  of  their 
proceedings,  and  the  result  agreed  upon  by  them  shall  be 
considered  as  part  of  this  treaty,  and  shall  have  the  same 
force  as  if  it  were  inserted  therein.  The  two  Governments 
will  amicably  agree  respecting  the  necessary  articles  to 
be  furnished  to  those  persons,  and  also  as  to  their  respective 
escorts,  should  such  be  deemed  necessary. 


ARTICLE    V 

The  inhabitants  of  the  ceded  territories  shall  be  secured 
in  the  free  exercise  of  their  religion,  without  any  restriction ; 
and  all  those  who  may  desire  to  remove  to  the  Spanish 
dominions  shall  be  permitted  to  sell  or  export  their  effects, 
at  any  time  whatever,  without  being  subject,  in  either  case, 
to  duties. 

ARTICLE    VI 

The  inhabitants  of  the  territories  which  His  Catholic 
Majesty  cedes  to  the  United  States,  by  this  treaty,  shall 

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be  incorporated  in  the  Union  of  the  United  States,  as  soon 
as  may  be  consistent  with  the  principles  of  the  Federal 
Constitution,  and  admitted  to  the  enjoyment  of  all  the 
privileges,  rights,  and  immunities  of  the  citizens  of  the 
United  States. 


ARTICLE    VII 


The  officers  and  troops  of  His  Catholic  Majesty,  in  the 
territories  hereby  ceded  by  him  to  the  United  States,  shall 
be  withdrawn,  and  possession  of  the  places  occupied  by 
them  shall  be  given  within  six  months  after  the  exchange 
of  the  ratifications  of  this  treaty,  or  sooner  if  possible,  by 
the  officers  of  His  Catholic  Majesty  to  the  commissioners 
or  officers  of  the  United  States  duly  appointed  to  receive 
them;  and  the  United  States  shall  furnish  the  transports 
and  escorts  necessary  to  convey  the  Spanish  officers  and 
troops  and  their  baggage  to  the  Havana. 


ARTICLE    VIII 

All  the  grants  of  land  made  before  the  24th  of  January, 
1818,  by  His  Catholic  Majesty,  or  by  his  lawful  authorities, 
in  the  said  territories  ceded  by  His  Majesty  to  the  United 
States,  shall  be  ratified  and  confirmed  to  the  persons  in 
possession  of  the  lands,  to  the  same  extent  that  the  same 
grants  would  be  valid  if  the  territories  had  remained  under 
the  dominion  of  His  Catholic  Majesty.  But  the  owners  in 
possession  of  such  lands,  who,  by  reason  of  the  recent  circum 
stances  of  the  Spanish  nation,  and  the  revolutions  in  Europe, 
have  been  prevented  from  fulfilling  all  the  conditions  of 
their  grants,  shall  complete  them  within  the  terms  limited 
in  the  same,  respectively,  from  the  date  of  this  treaty;  in 
default  of  which  the  said  grants  shall  be  null  and  void.  All 

199 


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grants  made  since  the  said  24th  of  January,  1818,  when  the 
first  proposal,  on  the  part  of  His  Catholic  Majesty,  for  the 
cession  of  the  Floridas  was  made,  are  hereby  declared  and 
agreed  to  be  null  and  void. 


ARTICLE     IX 

The  two  high  contracting  parties,  animated  with  the  most 
earnest  desire  of  conciliation,  and  with  the  object  of  putting 
an  end  to  all  the  differences  which  have  existed  between 
them,  and  of  confirming  the  good  understanding  which  they 
wish  to  be  forever  maintained  between  them,  reciprocally 
renounce  all  claims  for  damages  or  injuries  which  they, 
themselves,  as  well  as  their  respective  citizens  and  subjects, 
may  have  suffered  until  the  time  of  signing  this  treaty. 

The  renunciation  of  the  United  States  will  extend  to  all 
the  injuries  mentioned  in  the  convention  of  the  llth  of 
August,  1802. 

(2)  To  all  claims  on  account  of  prizes  made  by  French 
privateers,  and  condemned  by  French  Consuls,  within  the 
territory  and  jurisdiction  of  Spain. 

(3)  To  all  claims  of  indemnities  on  account  of  the  sus 
pension  of  the  right  of  deposit  at  New  Orleans  in  1802. 

(4)  To  all  claims  of  citizens  of  the  United  States  upon 
the  Government  of  Spain,  arising  from  the  unlawful  seiz 
ures  at  sea,  and  in  the  ports  and  territories  of  Spain,  or  the 
Spanish  colonies. 

(5)  To    all    claims    of    citizens    of    the    United    States 
upon  the  Spanish  Government,  statements  of  which,  solicit 
ing   the    interposition    of   the    Government   of   the    United 
States,  have  been   presented  to  the   Department  of  State, 
or  to  the  Minister  of  the  United  States  in  Spain,  since  the 
date  of  the  convention  of  1802,  and  until  the  signature  of 
this  treaty. 

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The  renunciation  of  His  Catholic  Majesty  extends — 

(1)  To  all  the  injuries  mentioned  in  the  convention  of 
the  llth  of  August,  1802. 

(2)  To  the  sums  which  His  Catholic  Majesty  advanced 
for  the  return  of  Captain  Pike  from  the  Provincias  Internas. 

(3)  To  all  injuries  caused  by  the  expedition  of  Miranda, 
that  was  fitted  out  and  equipped  at  New  York. 

(4)  To  all  claims  of  Spanish  subjects  upon  the  Govern 
ment  of  the  United  States  arizing  from  unlawful  seizures 
at  sea,  or  within  the  ports  and  territorial  jurisdiction  of  the 
United  States. 

Finally  to  all  the  claims  of  subjects  of  His  Catholic 
Maj  esty  upon  the  Government  of  the  United  States  in  which 
the  interposition  of  his  Catholic  Majesty's  Government  has 
been  solicited,  before  the  date  of  this  treaty  and  since  the 
date  of  the  convention  of  1802,  or  which  may  have  been 
made  to  the  department  of  foreign  affairs  of  His  Majesty, 
or  to  His  Minister  in  the  United  States. 

And  the  high  contracting  parties,  respectively,  renounce 
all  claim  to  indemnities  for  any  of  the  recent  events  or 
transactions  of  their  respective  commanders  and  officers 
in  the  Floridas. 

The  United  States  will  cause  satisfaction  to  be  made  for 
the  injuries,  if  any,  which,  by  process  of  law,  shall  be  estab 
lished  to  have  been  suffered  by  the  Spanish  officers,  and 
individual  Spanish  inhabitants,  by  the  late  operations  of 
the  American  Army  in  Florida. 

ARTICLE  x 

The  convention  entered  into  between  the  two  Governments, 
on  the  llth  of  August,  1802,  the  ratifications  of  which  were 
exchanged  the  21st  December,  1818,  is  annulled. 


201 


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ARTICLE    XI 

The  United  States,,  exonerating  Spain  from  all  demands 
in  future,  on  account  of  the  claims  of  their  citizens  to  which 
the  renunciations  herein  contained  extend,  and  considering 
them  entirely  cancelled,  undertake  to  make  satisfaction  for 
the  same,  to  an  amount  not  exceeding  five  millions  of  dollars. 
To  ascertain  the  full  amount  and  validity  of  those  claims,, 
a  commission,  to  consist  of  three  Commissioners,  citizens 
of  the  United  States,  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  which  com 
mission  shall  meet  at  the  city  of  Washington,  and,  within 
the  space  of  three  years  from  the  time  of  their  first  meeting, 
shall  receive,  examine,  and  decide  upon  the  amount  and 
validity  of  all  the  claims  included  within  the  descriptions 
above  mentioned.  The  said  Commissioners  shall  take  an 
oath  or  affirmation,  to  be  entered  on  the  record  of  their  pro 
ceedings,  for  the  faithful  and  diligent  discharge  of  their 
duties ;  and,  in  case  of  the  death,  sickness,  or  necessary  ab 
sence  of  any  such  Commissioner,  his  place  may  be  supplied  b}^ 
the  appointment,  as  aforesaid,  or  by  the  President  of  the 
United  States,  during  the  recess  of  the  Senate,  of  another 
Commissioner  in  his  stead.  The  said  Commissioners  shall 
be  authorized  to  hear  and  examine,  on  oath,  every  question 
relative  to  the  said  claims,  and  to  receive  all  suitable  authen 
tic  testimony  concerning  the  same.  And  the  Spanish 
Government  shall  furnish  all  such  documents  and  elucida 
tions  as  may  be  in  their  possession,  for  the  adjustment  of 
the  said  claims,  according  to  the  principles  of  justice,  the 
laws  of  nations,  and  the  stipulations  of  the  treaty  between 
the  two  parties  of  27th  October,  1795;  the  said  documents 
to  be  specified,  when  demanded,  at  the  instance  of  the  said 
Commissioners. 

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The  payment  of  such  claims  as  may  be  admitted  and 
adjusted  by  the  said  Commissioners,,  or  the  major  part  of 
them,  to  an  amount  not  exceeding  five  millions  of  dollars, 
shall  be  made  by  the  United  States,  either  immediately  at 
their  Treasury,  or  by  the  creation  of  stock,  bearing  an 
interest  of  six  per  cent,  per  annum,  payable  from  the  pro 
ceeds  of  sales  of  public  lands  within  the  territories  hereby 
ceded  to  the  United  States,  or  in  such  other  manner  as  the 
Congress  of  the  United  States  may  prescribe  by  law. 

The  records  of  the  proceedings  of  the  said  Commissioners, 
together  with  the  vouchers  and  documents  produced  before 
them,  relative  to  the  claims  to  be  adjusted  and  decided  upon 
by  them,  shall,  after  the  close  of  their  transactions,  be 
deposited  in  the  Department  of  State  of  the  United  States ; 
and  copies  of  them,  or  any  part  of  them,  shall  be  furnished 
to  the  Spanish  Government,  if  required,  at  the  demand  of 
the  Spanish  Minister  in  the  United  States. 


ARTICLE    XII 

The  treaty  of  limits  and  navigation,  of  1795,  remains 
confirmed  in  all  and  each  one  of  its  articles  excepting  the 
2,  3,  4,  21,  and  the  second  clause  of  the  22d  article,  which 
having  been  altered  by  this  treaty,  or  having  received  their 
entire  execution,  are  no  longer  valid. 

With  respect  to  the  15th  article  of  the  same  treaty  of 
friendship,  limits,  and  navigation  of  1795,  in  which  it  is 
stipulated  that  the  flag  shall  cover  the  property,  the  two 
high  contracting  parties  agree  that  this  shall  be  so  under 
stood  with  respect  to  those  Powers  who  recognize  this  prin 
ciple;  but  if  either  of  the  two  contracting  parties  shall  be 
at  war  with  a  third  party,  and  the  other  neutral,  the  flag 
of  the  neutral  shall  cover  the  property  of  enemies  whose 
Government  acknowledge  this  principle,  and  not  of  others. 

203 


NATIONAL     DOCUMENTS 


ARTICLE  XIII 

Both  contracting  parties,  wishing  to  favour  their  mutual 
commerce,  by  affording  in  their  ports  every  necessary  assist 
ance  to  their  respective  merchant-vessels,  have  agreed  that 
the  sailors  who  shall  desert  from  their  vessels  in  the  ports 
of  the  other,  shall  be  arrested  and  delivered  up,  at  the 
instance  of  the  Consul,  who  shall  prove,  nevertheless,  that 
the  deserters  belonged  to  the  vessels  that  claimed  them, 
exhibiting  the  document  that  is  customary  in  their  nation: 
that  is  to  say,  the  American  Consul  in  a  Spanish  port  shall 
exhibit  the  document  known  by  the  name  of  articles,  and 
the  Spanish  Consul  in  American  ports  the  roll  of  the  vessel ; 
and  if  the  name  of  the  deserter  or  deserters  who  are  claimed 
shall  appear  in  the  one  or  the  other,  they  shall  be  arrested, 
held  in  custody,  and  delivered  to  the  vessel  to  which  they 
shall  belong. 

ARTICLE    XIV 

The  United  States  hereby  certify  that  they  have  not 
received  any  compensation  from  France  for  the  injuries 
they  suffered  from  her  privateers,  Consuls,  and  tribunals 
on  the  coasts  and  in  the  ports  of  Spain,  for  the  satisfaction 
of  which  provision  is  made  by  this  treaty;  and  they  will 
present  an  authentic  statement  of  the  prizes  made,  and  of 
their  true  value,  that  Spain  may  avail  herself  of  the  same 
in  such  manner  as  she  may  deem  just  and  proper. 


ARTICLE    XV 

The  United  States,  to  give  to  His  Catholic  Majesty  a 
proof  of  their  desire  to  cement  the  relations  of  amity  sub 
sisting  between  the  two  nations,  and  to  favour  the  commerce 
of  the  subjects  of  His  Catholic  Majesty,  agree  that  Spanish 

204 


NATIONAL     DOCUMENTS 

vessels,  coming  laden  only  with  productions  of  Spanish 
growth  or  manufactures,  directly  from  the  ports  of  Spain, 
or  of  her  colonies,  shall  be  admitted,  for  the  term  of  twelve 
years,  to  the  ports  of  Pensacola  and  St.  Augustine,  in  the 
Floridas,  without  paying  other  or  higher  duties  on  their 
cargoes,  or  of  tonnage,  than  will  be  paid  by  the  vessels 
of  the  United  States.  During  the  said  term  no  other  nation 
shall  enjoy  the  same  privileges  within  the  ceded  territories. 
The  twelve  years  shall  commence  three  months  after  the 
exchange  of  the  ratifications  of  this  treaty. 


ARTICLE    XVI 

The  present  treaty  shall  be  ratified  in  due  form,  by  the 
contracting  parties,  and  the  ratifications  shall  be  exchanged 
in  six  months  from  this  time,  or  sooner  if  possible. 

In  witness  whereof  we,  the  underwritten  Plenipotentiaries 
of  the  United  States  of  America  and  of  His  Catholic  Maj 
esty,  have  signed,  by  virtue  of  our  powers,  the  present 
treaty  of  amity,  settlement,  and  limits,  and  have  thereunto 
affixed  our  seals,  respectively. 

Done  at  Washington  this  twenty-second  day  of  February, 
one  thousand  eight  hundred  and  nineteen. 

JOHN  QUINCY  ADAMS     [L.  s.] 
Luis  DE  ONIS  [L.  s.] 


205 


Missouri  Compromise  1820-21 

MISSOURI     ENABLING     ACT 

An  Act  to  authorize  the  people  of  Missouri  Territory 
to  form  a  constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union  on  an  equal  foot 
ing  with  the  original  States,  and  to  prohibit  slavery  in  cer 
tain  territories. 

Be  it  enacted,  by  the  Senate  and  House  of  Representa 
tives  of  the  United  States  of  America  in  Congress  as 
sembled,  That  the  inhabitants  of  that  portion  of  the  Mis 
souri  Territory  included  within  the  boundaries  hereinafter 
designated,  be,  and  they  are  hereby,  authorized  to  form 
for  themselves  a  constitution  and  State  government,  and  to 
assume  such  name  as  they  shall  deem  proper;  and  the 
said  State,  when  formed,  shall  be  admitted  into  the  Union, 
upon  an  equal  footing  with  the  original  States,  in  all 
respects  whatsoever. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  State 
shall  consist  of  all  the  territory  included  within  the  follow 
ing  boundaries,  to  wit :  Beginning  in  the  middle  of  the  Mis 
sissippi  river,  on  the  parallel  of  thirty-six  degrees  of  north 
latitude;  thence  west,  along  that  parallel  of  latitude,  to 
the  St.  Francois  river ;  thence  up,  and  following  the  course 
of  that  river,  in  the  middle  of  the  main  channel  thereof,  to 
the  parallel  of  latitude  of  thirty-six  degrees  and  thirty 
minutes;  thence  west,  along  the  same,  to  a  point  where  the 
said  parallel  is  intersected  by  a  meridian  line  passing 
through  the  middle  of  the  mouth  of  the  Kansas  river,  where 

206 


NATIONAL     DOCUMENTS 

the  same  empties  into  the  Missouri  river,  thence  from  the 
point  aforesaid  north,  along  the  said  meridian  line,  to  the 
intersection  of  the  parallel  of  latitude  which  passes  through 
the  rapids  of  the  river  Des  Momes,  making  the  said  line 
to  correspond  with  the  Indian  boundary  line;  thence  east, 
from  the  point  of  intersection  last  aforesaid,  along  the  said 
parallel  of  latitude,  to  the  middle  of  the  channel  of  the 
main  fork  of  the  said  river  Des  Moines;  thence  down  and 
along  the  main  channel  of  the  said  river  Des  Moines,  to 
the  mouth  of  the  same,  where  it  empties  into  the  Missis 
sippi  river ;  thence,  due  east,  to  the  middle  of  the  main  chan 
nel  of  the  Mississippi  river;  thence  down,  and  following 
the  course  of  the  Mississippi  river,  in  the  middle  of  the 
main  channel  thereof,  to  the  place  of  beginning :  .  .  .  . 
SEC.  3.  And  be  it  further  enacted,  That  all  free  white 
male  citizens  of  the  United  States,  who  shall  have  arrived 
at  the  age  of  twenty-one  years,  and  have  resided  in  said 
Territory  three  months  previous  to  the  day  of  election,  and 
all  other  persons  qualified  to  vote  for  representatives  to 
the  General  Assembly  of  the  said  Territory,  shall  be  quali 
fied  to  be  elected,  and  they  are  hereby  qualified  and  au 
thorized  to  vote,  and  choose  representatives  to  form  a 
convention,  .  .  . 


SEC.  4.  And  be  it  further  enacted,  That  the  members 
of  the  convention  thus  duly  elected,  shall  be,  and  they  are 
hereby,  authorized  to  meet  at  the  seat  of  government  of 
said  Territory,  on  the  second  Monday  of  the  month  of 
June  next;  and  the  said  convention,  when  so  assembled, 
shall  have  power  and  authority  to  adjourn  to  any  other 
place  in  the  said  Territory,  which  to  them  shall  seem  best 
for  the  convenient  transaction  of  their  business;  and  which 

207 


NATIONAL     DOCUMENTS 

convention,  when  so  met,,  shall  first  determine,,  by  a  ma 
jority  of  the  whole  number  elected,  whether  it  be,  or  be 
not,  expedient  at  that  time  to  form  a  constitution  and  State 
government,  for  the  people  within  the  said  Territory,  as 
included  within  the  boundaries  above  designated;  and,  if 
it  be  deemed  expedient,  the  convention  shall  be  and  hereby 
is,  authorized  to  form  a  constitution  and  State  government; 
or,  if  it  be  deemed  more  expedient,  the  said  convention  shall 
provide  by  ordinance  for  electing  representatives  to  form 
a  constitution  or  frame  of  government;  which  said  repre 
sentatives  shall  be  chosen  in  such  manner,  and  in  such  pro 
portion,  as  they  shall  designate;  and  shall  meet  at  such 
time  and  place  as  shall  be  prescribed  by  the  said  ordinance ; 
and  shall  then  form  for  the  people  of  said  Territory, 
within  the  boundaries  aforesaid,  a  constitution  and  State 
government:  Provided,  That  the  same,  whenever  formed, 
shall  be  republican  and  not  repugnant  to  the  Constitution 
of  the  United  States ;  and  that  the  Legislature  of  said  State 
shall  never  interfere  with  the  primary  disposal  of  the  soil 
by  the  United  States,  nor  with  any  regulations  Congress 
may  find  necessary  for  securing  the  title  in  such  soil  to 
the  bona  fide  purchasers;  and  that  no  tax  shall  be  imposed 
on  lands  the  property  of  the  United  States;  and  in  no  case 
shall  non-resident  proprietors  be  taxed  higher  than  resi 
dents. 


SEC.  7.  And  be  it  further  enacted,  That,  in  case  a  con 
stitution  and  State  government  shall  be  formed  for  the 
people  of  said  Territory  of  Missouri,  the  said  convention 
or  representatives,  as  soon  thereafter  as  may  be,  shall  cause 
a  true  and  attested  copy  of  such  constitution,  or  frame  of 
State  government,  as  shall  be  formed  or  provided,  to  be 
transmitted  to  Congress. 

208 


NATIONAL     DOCUMENTS 

SEC.  8.  And  be  it  further  enacted,  That  in  all  that  ter 
ritory  ceded  by  France  to  the  United  States,  under  the 
name  of  Louisiana,  which  lies  north  of  thirty-six  degrees 
and  thirty  minutes  north  latitude,  not  included  within  the 
limits  of  the  State,  contemplated  by  this  act,  slavery  and 
involuntary  servitude,  otherwise  than  in  the  punishment  of 
crimes,  whereof  the  parties  shall  have  been  duly  convicted, 
shall  be,  and  is  hereby,  forever  prohibited:  Provided  al 
ways,  That  any  person  escaping  into  the  same,  from  whom 
labor  or  service  is  lawfully  claimed,  in  any  State  or  Terri 
tory  of  the  United  States,  such  fugitive  may  be  lawfully 
claimed  and  conveyed  to  the  person  claiming  his  or  her 
labor  or  services  as  aforesaid. 

Approved,  March  6,  1820. 

RESOLUTION    OF    MARCH    2     1821 

Resolved,  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  Missouri  shall  be  admitted  into  this  Union  on  an 
equal  footing  with  the  original  States,  in  all  respects  what 
ever,  upon  the  fundamental  condition,  that  the  fourth 
clause  of  the  twenty-sixth  section  of  the  third  article  of 
the  constitution  submitted  on  the  part  of  said  State  to 
Congress,  shall  never  be  construed  to  authorize  the  pas 
sage  of  any  law,  and  that  no  law  shall  be  passed  in  con 
formity  thereto,  by  which  any  citizen,  of  either  of  the 
States  in  this  Union,  shall  be  excluded  from  the  enjoy 
ment  of  any  of  the  privileges  and  immunities  to  which  such 
citizen  is  entitled  under  the  Constitution  of  the  United 
States:  Provided,  That  the  Legislature  of  said  State,  by 
a  solemn  public  act,  shall  declare  the  assent  of  the  said 
State,  to  the  said  fundamental  condition,  and  shall  transmit 
to  the  President  of  the  United  States  on  or  before  the 

209 


NATIONAL     DOCUMENTS 

fourth  Monday  in  November  next,  an  authentic  copy  of 
the  said  act;  upon  the  receipt  whereof,  the  President,  by 
proclamation,  shall  announce  the  fact;  whereupon,  and 
without  any  further  proceeding  on  the  part  of  Congress, 
the  admission  of  the  said  State  into  the  Union  shall  be 
considered  as  complete. 
Approved,  March  3,  1821. 


210 


The  Monroe  Doctrine    1823 

At  the  proposal  of  the  Russian  imperial  government, 
made  through  the  minister  of  the  Emperor  residing  here, 
a  full  power  and  instructions  have  been  transmitted  to  the 
Minister  of  the  United  States  at  St.  Petersburg!!,  to  ar 
range,  by  amicable  negotiation,  the  respective  rights  and 
interests  of  the  two  nations  on  the  northwest  coast  of  this 
continent.  A  similar  proposal  had  been  made  by  his  Im 
perial  Majesty  to  the  government  of  Great  Britain,  which 
has  likewise  been  acceded  to.  The  government  of  the 
United  States  has  been  desirous,  by  this  friendly  proceed 
ing,  of  manifesting  the  great  value  which  they  have  in 
variably  attached  to  the  friendship  of  the  emperor,  and 
their  solicitude  to  cultivate  the  best  understanding  with  his 
government.  In  the  discussions  to  which  this  interest  has 
given  rise,  and  in  the  arrangements  by  which  they  may 
terminate,  the  occasion  has  been  judged  proper  for  assert 
ing,  as  a  principle  in  which  the  rights  and  interests  of  the 
United  States  are  involved,  that  the  American  continents, 
by  the  free  and  independent  condition  which  they  have  as 
sumed  and  maintain,  are  henceforth  not  to  be  considered 
as  subjects  for  future  colonization  by  any  European 
powers. 


It  was  stated  at  the  commencement  of  the  last  session, 
that  a  great  effort  was  then  making  in  Spain  and  Portugal, 
to  improve  the  condition  of  the  people  of  those  countries, 
and  that  it  appeared  to  be  conducted  with  extraordinary 
moderation.  It  need  scarcely  be  remarked,  that  the  result 
has  been,  so  far,  very  different  from  what  was  then  antici- 

211 


NATIONAL     DOCUMENTS 

pated.  Of  events  in  that  quarter  of  the  globe,  with  which 
we  have  so  much  intercourse,  and  from  which  we  derive  our 
origin,  we  have  always  been  anxious  and  interested  spec 
tators.  The  citizens  of  the  United  States  cherish  senti 
ments  the  most  friendly,  in  favor  of  the  liberty  and  happi 
ness  of  their  fellow  men  on  that  side  of  the  Atlantic.  In 
the  wars  of  the  European  powers,  in  matters  relating  tc 
themselves,  we  have  never  taken  any  part,  nor  does  it  com 
port  with  our  policy  so  to  do.  It  is  only  when  our  rights 
are  invaded,  or  seriously  menaced,  that  we  resent  injuries, 
or  make  preparation  for  our  defence.  With  the  move 
ments  in  this  hemisphere,  we  are,  of  necessity,  more  im 
mediately  connected,  and  by  causes  which  must  be  obvious 
to  all  enlightened  and  impartial  observers.  The  political 
system  of  the  allied  powers  is  essentially  different,  in  this 
respect,  from  that  of  America.  This  difference  proceeds 
from  that  which  exists  in  their  respective  governments. 
And  to  the  defence  of  our  own,  which  has  been  achieved 
by  the  loss  of  so  much  blood  and  treasure,  and  matured  by 
the  wisdom  of  their  most  enlightened  citizens,  and  under 
which  we  have  enjoyed  unexampled  felicity,  this  whole  na 
tion  is  devoted.  We  owe  it,  therefore,  to  candor,  and  to 
the  amicable  relations  existing  between  the  United  States 
and  those  powers,  to  declare,  that  we  should  consider  any 
attempt  on  their  part  to  extend  their  system  to  any  portion 
of  this  hemisphere,  as  dangerous  to  our  peace  and  safety. 
With  the  existing  colonies  or  dependencies  of  any  European 
power,  we  have  not  interfered,  and  shall  not  interfere.  But 
with  the  governments  who  have  declared  their  independence, 
and  maintained  it,  and  whose  independence  we  have,  on 
great  consideration,  and  on  just  principles,  acknowledged, 
we  could  not  view  any  interposition  for  the  purpose  of 
oppressing  them,  or  controlling,  in  any  other  manner,  their 
destiny,  by  any  European  power,  in  any  other  light  than 

212 


NATIONAL     DOCUMENTS 

as  the  manifestation  of  an  unfriendly  disposition  towards 
the  United  States.  In  the  war  between  those  new  govern 
ments  and  Spain,,  we  declared  our  neutrality  at  the  time  of 
their  recognition,  and  to  this  we  have  adhered,  and  shall 
continue  to  adhere,  provided  no  change  shall  occur,  which, 
in  the  judgment  of  the  competent  authorities  of  this  gov 
ernment,  shall  make  a  corresponding  change,  on  the  part 
of  the  United  States,  indispensable  to  their  security. 

The  late  events  in  Spain  and  Portugal,  shew  that  Europe 
is  still  unsettled.  Of  this  important  fact,  no  stronger  proof 
can  be  adduced  than  that  the  allied  powers  should  have 
thought  it  proper,  on  any  principle  satisfactory  to  them 
selves,  to  have  interposed,  by  force,  in  the  internal  concerns 
of  Spain.  To  what  extent  such  interposition  may  be  car 
ried,  on  the  same  principle,  is  a  question,  to  which  all 
independent  powers,  whose  governments  differ  from  theirs, 
are  interested;  even  those  most  remote,  and  surely  none 
more  so  than  the  United  States.  Our  policy,  in  regard  to 
Europe,  which  was  adopted  at  an  early  stage  of  the  wars 
which  have  so  long  agitated  that  quarter  of  the  globe, 
nevertheless  remains  the  same,  which  is,  not  to  interfere 
in  the  internal  concerns  of  any  of  its  powers;  to  consider 
the  government  de  facto  as  the  legitimate  government  for 
us;  to  cultivate  friendly  relations  with  it,  and  to  preserve 
those  relations  by  a  frank,  firm,  and  manly  policy;  meet 
ing,  in  all  instances,  the  just  claims  of  every  power;  sub 
mitting  to  injuries  from  none.  But,  in  regard  to  these 
continents,  circumstances  are  eminently  and  conspicuously 
different.  It  is  impossible  that  the  allied  powers  should 
extend  their  political  system  to  any  portion  of  either  con 
tinent,  without  endangering  our  peace  and  happiness:  nor 
can  any  one  believe  that  our  Southern  Brethren,  if  left  to 
themselves,  would  adopt  it  of  their  own  accord.  It  is 
equally  impossible,  therefore,  that  we  should  behold  such 

213 


NATIONAL     DOCUMENTS 

interposition,  in  any  form,  with  indifference.  If  we  look  to 
the  comparative  strength  and  resources  of  Spain  and  those 
new  governments,  and  their  distance  from  each  other,  it 
must  be  obvious  that  she  can  never  subdue  them.  It  is  still 
the  true  policy  of  the  United  States  to  leave  the  parties 
to  themselves,  in  the  hope  that  other  powers  will  pursue 
the  same  course. 


214 


Treaty  with  Great  Britain    1842 

Treaty  between  the  United  States  of  America  and  Her 
Britannic  Majesty  Relative  to  Boundaries,  Suppression  of 
the  Slave-Trade,  and  Extradition  of  Criminals,  Concluded 
at  Washington  August  9,  1842;  Ratification  Advised  by 
Senate  August  20,  1842;  Ratified  by  President  August  22, 
1842;  Ratifications  Exchanged  at  London  October  13,  1842; 
Proclaimed  November  10,  1842. 

Whereas   certain  portions  of  the  line  of  boundary  be 
tween  the  United  States  of  America  and  the  British  domin 
ions  in  North  America,  described  in  the  second  article  of 
the  treaty  of  peace  of  1783,  have  not  yet  been  ascertained 
and    determined,    notwithstanding    the    repeated    attempts 
which  have  been  heretofore  made  for  that  purpose;   and 
whereas  it  is  now  thought  to  be  for  the  interest  of  both 
parties,  that,  avoiding  further  discussion  of  their  respective 
rights,  arising  in  this  respect  under  the  said  treaty,  they 
should  agree  on  a  conventional  line  in  said  portions  of  the 
said  boundary,  such  as  may  be  convenient  to  both  parties, 
with   such   equivalents   and   compensations   as   are   deemed 
just  and  reasonable;  and  whereas,  by  the  treaty  concluded 
at  Ghent  on  the  24th  day  of  December,  1814,  between  the 
United  States  and  His  Britannic  Majesty,  an  article  was 
agreed  to  and  inserted  of  the  following  tenor,  viz.:  "Art. 
10.     Whereas  the  traffic  in  slaves  is  irreconcilable  with  the 
principles  of  humanity  and  justice;  and  whereas  both  His 
Majesty  and  the  United  States  are  desirous  of  continuing 
their  efforts   to   promote  its   entire  abolition,  it  is  hereby 
agreed  that  both  the  contracting  parties  shall  use  their  best 
endeavors    to    accomplish    so    desirable    an    object;"    and 

215 


NATIONAL     DOCUMENTS 

whereas,  notwithstanding  the  laws  which  have  at  various 
times  been  passed  by  the  two  Governments,  and  the  efforts 
made  to  suppress  it,  that  criminal  traffic  is  still  prosecuted 
and  carried  on;  and  whereas  the  United  States  of  America 
and  Her  Majesty  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  are  determined  that,  so  far 
as  may  be  in  their  power,  it  shall  be  effectually  abolished; 
and  whereas  it  is  found  expedient,  for  the  better  adminis 
tration  of  justice  and  the  prevention  of  crime  within  the 
territories  and  jurisdiction  of  the  two  parties  respectively, 
that  persons  committing  the  crimes  hereinafter  enumerated, 
and  being  fugitives  from  justice,  should,  under  certain  cir 
cumstances,  be  reciprocally  delivered  up:  The  United 
States  of  America  and  Her  Britannic  Majesty,  having  re 
solved  to  treat  on  these  several  subjects,  have  for  that  pur 
pose  appointed  their  respective  Plenipotentiaries  to  nego 
tiate  and  conclude  a  treaty,  that  is  to  say: 

The  President  of  the  United  States  has,  on  his  part, 
furnished  with  full  powers  Daniel  Webster,  Secretary  of 
State  of  the  United  States,  and  Her  Majesty  the  Queen 
of  the  United  Kingdom  of  Great  Britain  and  Ireland  has, 
on  her  part,  appointed  the  Right  Honorable  Alexander  Lord 
Ashburton,  a  peer  of  the  said  United  Kingdom,  a  member 
of  Her  Majesty's  Most  Honorable  Privy  Council,  and  Her 
Majesty's  Minister  Plenipotentiary  on  a  special  mission  to 
the  United  States; 

Who,  after  a  reciprocal  communication  of  their  respec 
tive  full  powers,  have  agreed  to  and  signed  the  following 
articles : 

ARTICLE   I 

It  is  hereby  agreed  and  declared  that  the  line  of  bound 
ary  shall  be  as  follows:  Beginning  at  the  monument  at 
the  source  of  the  river  St.  Croix  as  designated  and  agreed 

216 


NATIONAL     DOCUMENTS 

to  by  the  Commissioners  under  the  fifth  article  of  the  treaty 
of  1794,  between   the  Governments  of  the  United  States 
and  Great  Britain;  thence,  north,  following  the  exploring 
line  run  and  marked  by  the  surveyors  of  the  two  Govern 
ments  in  the  years  1817  and  1818,  under  the  fifth  article 
of  the  treaty  of  Ghent,  to  its  intersection  with  the  river 
St.  John,  and  to  the  middle  of  the  channel  thereof;  thence, 
up  the  middle  of  the  main  channel  of  the  said  river  St. 
John,  to  the  mouth  of  the  river  St.  Francis;  thence,  up  the 
middle  of  the  channel  of  the  said  river  St.  Francis,  and  of 
the  lakes  through  which  it  flows,  to  the  outlet  of  the  Lake 
Pohenagamook ;   thence,   southwesterly,  in   a  straight  line, 
to  a  point  on  the  northwest  branch  of  the  river  St.  John, 
which  point  shall  be  ten  miles  distant  from  the  main  branch 
of  the  St.  John,  in  a  straight  line,  and  in  the  nearest  di 
rection;  but  if  the  said  point  shall  be  found  to  be  less  than 
seven  miles  from  the  nearest  point  of  the  summit  or  crest 
of   the   highlands    that   divide   those   rivers    which    empty 
themselves  into  the  river  Saint  Lawrence  from  those  which 
fall  into  the  river  Saint  John,  then  the  said  point  shall  be 
made  to  recede  down  the  said  northwest  branch  of  the  river 
St.  John,  to  a  point  seven  miles  in  a  straight  line  from  the 
said  summit  or  crest;  thence,  in  a  straight  line,  in  a  course 
about   south,  eight  degrees   west,   to  the  point  where  the 
parallel  of  latitude  of  46°  25'  north  intersects  the  south 
west  branch  of  the  St.  John's;  thence,  southerly,  by  the 
said  branch,  to  the  source  thereof  in  the  highlands  at  the 
Metjarmette  portage;  thence,  down   along  the  said  high 
lands  which  divide  the  waters  which  empty  themselves  into 
the  river  Saint  Lawrence  from  those  which  fall  into  the 
Atlantic  Ocean,  to  the  head  of  Hall's  Stream ;  thence,  down 
the  middle  of  said  stream,  till  the  line  thus  run  intersects 
the  old  line  of  boundary  surveyed  and  marked  by  Valen 
tine  and  Collins,  previously  to  the  year  1774,  as  the  45th 

217 


NATIONAL     DOCUMENTS 

degree  of  north  latitude,  and  which  has  been  known  and 
understood  to  be  the  line  of  actual  division  between  the 
States  of  New  York  and  Vermont  on  one  side,,  and  the  Brit 
ish  province  of  Canada  on  the  other;  and  from  said  point 
of  intersection,  west,  along  the  said  dividing  line,  as  here 
tofore  known  and  understood,  to  the  Iroquois  or  St.  Law 
rence  River. 

ARTICLE    II 

It  is  moreover  agreed,  that  from  the  place  where  the 
joint  Commissioners  terminated  their  labors  under  the  sixth 
article  of  the  treaty  of  Ghent,  to  wit,  at  a  point  in  the 
Neebish  Channel,  near  Muddy  Lake,  the  line  shall  run  into 
and  along  the  ship-channel  between  Saint  Joseph  and  St. 
Tammany  Islands,  to  the  division  of  the  channel  at  or  near 
the  head  of  St.  Joseph's  Island;  thence,  turning  east- 
wardly  and  northwardly  around  the  lower  end  of  St. 
George's  or  Sugar  Island,  and  following  the  middle  of  the 
channel  which  divides  St.  George's  from  St.  Joseph's  Isl 
and;  thence  up  the  east  Neebish  Channel,  nearest  to  St. 
George's  Island,  through  the  middle  of  Lake  George; 
thence,  west  of  Jonas'  Island,  into  St.  Mary's  River,  to  a 
point  in  the  middle  of  that  river,  about  one  mile  above  St. 
George's  or  Sugar  Island,  so  as  to  appropriate  and  assign 
the  said  island  to  the  United  States;  thence,  adopting  the 
line  traced  on  the  maps  by  the  Commissioners,  thro'  the 
river  St.  Mary  and  Lake  Superior,  to  a  point  north  of  He 
Royale,  in  said  lake,  one  hundred  yards  to  the  north  and 
east  of  He  Chapeau,  which  last-mentioned  island  lies  near 
the  northeastern  point  of  He  Royale,  where  the  line 
marked  by  the  Commissioners  terminates;  and  from  the 
last-mentioned  point,  southwesterly,  through  the  middle  of 
the  sound  between  He  Royale  and  the  northwestern  main 
land,  to  the  mouth  of  Pigeon  River,  and  up  the  said  river, 

218 


NATIONAL     DOCUMENTS 

to  and  through  the  north  and  south  Fowl  Lakes,  to  the  lakes 
of  the  height  of  land  between  Lake  Superior  and  the  Lake 
of  the  Woods ;  thence,  along  the  water  communication  to  Lake 
Saisaginaga,  and  through  that  lake;  thence,  to  and  through 
Cypress  Lake,  Lac  du  Bois  Blanc,  Lac  la  Croix,  Little  Ver 
milion  Lake,  and  Lake  Namecan  and  through  the  several 
smaller  lakes,  straits,  or  streams,  connecting  the  lakes  here 
mentioned,  to  that  point  in  Lac  la  Pluie,  or  Rainy  Lake, 
at  the  Chaudiere  Falls,  from  which  the  Commissioners 
traced  the  line  to  the  most  northwestern  point  of  the  Lake 
of  the  Woods ;  thence,  along  the  said  line,  to  the  said  most 
northwestern  point,  being  in  latitude  49°  23'  55"  north, 
and  in  longitude  95°  14'  38"  west  from  the  observatory  at 
Greenwich ;  thence,  according  to  existing  treaties,  due  south 
to  its  intersection  with  the  49th  parallel  of  north  latitude, 
and  along  that  parallel  to  the  Rocky  Mountains.  It  being 
understood  that  all  the  water  communications  and  all  the 
usual  portages  along  the  line  from  Lake  Superior  to  the 
Lake  of  the  Woods,  and  also  Grand  Portage,  from  the  shore 
of  Lake  Superior  to  the  Pigeon  River,  as  now  actually 
used,  shall  be  free  and  open  to  the  use  of  the  citizens  and 
subjects  of  both  countries. 


ARTICLE   III 

In  order  to  promote  the  interests  and  encourage  the  in 
dustry  of  all  the  inhabitants  of  the  countries  watered  by 
the  river  St.  John  and  its  tributaries,  whether  living  within 
the  State  of  Maine  or  the  province  of  New  Brunswick,  it 
is  agreed  that,  where,  by  the  provisions  of  the  present 
treaty,  the  river  St.  John  is  declared  to  be  the  line  of 
boundary,  the  navigation  of  the  said  river  shall  be  free 
and  open  to  both  parties,  and  shall  in  no  way  be  obstructed 
by  either;  that  all  the  produce  of  the  forest,  in  logs,  lum- 

219 


NATIONAL     DOCUMENTS 

her,  timber,  boards,  staves,  or  shingles,  or  of  agriculture, 
not  being  manufactured,  grown  on  any  of  those  parts  of 
the  State  of  Maine  watered  by  the  river  St.  John,  or  by 
its  tributaries,  of  which  fact  reasonable  evidence  shall,  if 
required,  be  produced,  shall  have  free  access  into  and 
through  the  said  river  and  its  said  tributaries,  having  their 
source  within  the  State  of  Maine,  to  and  from  the  sea-port 
at  the  mouth  of  the  said  river  St.  John's,  and  to  and  round 
the  falls  of  the  said  river,  either  by  boats,  rafts,  or  other 
conveyance;  that  when  within  the  province  of  New  Bruns 
wick,  the  said  produce  shall  be  dealt  with  as  if  it  were  the 
produce  of  the  said  province;  that,  in  like  manner,  the  in 
habitants  of  the  territory  of  the  upper  St.  John,  determined 
by  this  treaty  to  belong  to  Her  Britannic  Majesty,  shall 
have  free  access  to  and  through  the  river,  for  their  produce, 
in  those  parts  where  the  said  river  runs  wholly  through  the 
State  of  Maine;  Provided,  always,  that  this  agreement 
shall  give  no  right  to  either  party  to  interfere  with  any 
regulations  not  inconsistent  with  the  terms  of  this  treaty 
which  the  governments,  respectively,  of  Maine  or  of  New 
Brunswick  may  make  respecting  the  navigation  of  the  said 
river,  where  both  banks  thereof  shall  belong  to  the  same 
party. 

ARTICLE    IV 

All  grants  of  land  heretofore  made  by  either  party, 
within  the  limits  of  the  territory  which  by  this  treaty  falls 
within  the  dominions  of  the  other  party,  shall  be  held  valid, 
ratified,  and  confirmed  to  the  persons  in  possession  under 
such  grants,  to  the  same  extent  as  if  such  territory  had  by 
this  treaty  fallen  within  the  dominions  of  the  party  by 
whom  such  grants  were  made;  and  all  equitable  possessory 
claims,  arising  from  a  possession  and  improvement  of  any 
lot  or  parcel  of  land  by  the  person  actually  in  possession, 

220 


NATIONAL    DOCUMENTS 

or  by  those  under  whom  such  person  claims,  for  more  than 
six  years  before  the  date  of  this  treaty,  shall,  in  like  man 
ner,  be  deemed  valid,  and  be  confirmed  and  quieted  by  a 
release  to  the  person  entitled  thereto,  of  the  title  to  such  lot 
or  parcel  of  land,  so  described  as  best  to  include  the  im 
provements  made  thereon;  and  in  all  other  respects  the  two 
contracting  parties  agree  to  deal  upon  the  most  liberal 
principles  of  equity  with  the  settlers  actually  dwelling  upon 
the  territory  falling  to  them,  respectively,  which  has  here 
tofore  been  in  dispute  between  them. 

ARTICLE  v 

Whereas  in  the  course  of  the  controversy  respecting  the 
disputed  territory  on  the  northeastern  boundary,  some 
moneys  have  been  received  by  the  authorities  of  Her  Bri 
tannic  Majesty's  province  of  New  Brunswick,  with  the 
intention  of  preventing  depredations  on  the  forests  of  the 
said  territory,  which  moneys  were  to  be  carried  to  a  fund 
called  the  "  disputed  territory  fund,"  the  proceeds  whereof 
it  was  agreed  should  be  hereafter  paid  over  to  the  parties 
interested,  in  the  proportions  to  be  determined  by  a  final 
settlement  of  boundaries,  it  is  hereby  agreed  that  a  correct 
account  of  all  receipts  and  payments  on  the  said  fund  shall 
be  delivered  to  the  Government  of  the  United  States  within 
six  months  after  the  ratification  of  this  treaty;  and  the  pro 
portion  of  the  amount  due  thereon  to  the  States  of  Maine 
and  Massachusetts,  and  any  bonds  or  securities  appertain 
ing  thereto  shall  be  paid  and  delivered  over  to  the  Govern 
ment  of  the  United  States;  and  the  Government  of  the 
United  States  agrees  to  receive  for  the  use  of,  and  pay 
over  to,  the  States  of  Maine  and  Massachusetts,  their  re 
spective  portions  of  said  fund,  and  further,  to  pay  and 
satisfy  said  States,  respectively,  for  all  claims  for  expenses 


NATIONAL     DOCUMENTS 

incurred  by  them  in  protecting  the  said  heretofore  disputed 
territory  and  making  a  survey  thereof  in  1838;  the  Gov 
ernment  of  the  United  States  agreeing  with  the  States  of 
Maine  and  Massachusetts  to  pay  them  the  further  sum  of 
three  hundred  thousand  dollars,  in  equal  moieties,  on  ac 
count  of  their  assent  to  the  line  of  boundary  described  in 
this  treaty,  and  in  consideration  of  the  conditions  and 
equivalents  received  therefor  from  the  Government  of  Her 
Britannic  Majesty. 

ARTICLE   VI 

It  is  furthermore  understood  and  agreed  that,  for  the 
purpose  of  running  and  tracing  those  parts  of  the  line  be 
tween  the  source  of  the  St.  Croix  and  the  St.  Lawrence 
River  which  will  require  to  be  run  and  ascertained,  and  for 
marking  the  residue  of  said  line  by  proper  monuments  on 
the  land,  two  Commissioners  shall  be  appointed,  one  by  the 
President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  and  one  by  Her  Britannic 
Majesty;  and  the  said  Commissioners  shall  meet  at  Bangor, 
in  the  State  of  Maine,  on  the  first  day  of  May  next,  or  as 
soon  thereafter  as  may  be,  and  shall  proceed  to  mark  the 
line  above  described,  from  the  source  of  St.  Croix  to  the 
river  St.  John ;  and  shall  trace  on  proper  maps  the  dividing- 
line  along  said  river  and  along  the  river  St.  Francis  to  the 
outlet  of  the  Lake  Pohenagamook;  and  from  the  outlet  of 
the  said  lake  they  shall  ascertain,  fix,  and  mark,  by  proper 
and  durable  monuments  on  the  land,  the  line  described 
in  the  first  article  of  this  treaty;  and  the  said  Commis 
sioners  shall  make  to  each  of  their  respective  Governments 
a  joint  report  or  declaration,  under  their  hands  and  seals, 
designating  such  line  of  boundary,  and  shall  accompany 
such  report  or  declaration  with  maps,  certified  by  them  to 
be  true  maps  of  the  new  boundary. 

222 


NATIONAL     DOCUMENTS 

ARTICLE  VII 

It  is  further  agreed  that  the  channels  in  the  river  St. 
Lawrence  on  both  sides  of  the  Long  Sault  Islands  and  of 
Barnhart  Island,  the  channels  in  the  river  Detroit  on  both 
sides  of  the  island  Bois  Blanc,  and  between  that  island  and 
both  the  American  and  Canadian  shores,  and  all  the  several 
channels  and  passages  between  the  various  islands  lying 
near  the  junction  of  the  river  St.  Clair  with  the  lake  of 
that  name,  shall  be  equally  free  and  open  to  the  ships, 
vessels,  and  boats  of  both  parties. 

ARTICLE    VIII 

The  parties  mutually  stipulate  that  each  shall  prepare, 
equip,  and  maintain  in  service  on  the  coast  of  Africa  a 
sufficient  and  adequate  squadron  or  naval  force  of  vessels 
of  suitable  numbers  and  descriptions,  to  carry  in  all  not 
less  than  eighty  guns,  to  enforce,  separately  and  respec 
tively,  the  laws,  rights  and  obligations  of  each  of  the  two 
countries  for  the  suppression  of  the  slave-trade,  the  said 
squadrons  to  be  independent  of  each  other,  but  the  two 
Governments  stipulating,  nevertheless,  to  give  such  orders 
to  the  officers  commanding  their  respective  forces  as  shall 
enable  them  most  effectually  to  act  in  concert  and  co-op 
eration,  upon  mutual  consultation,  as  exigencies  may  arise, 
for  the  attainment  of  the  true  object  of  this  article,  copies 
of  all  such  orders  to  be  communicated  by  each  Govern 
ment  to  the  other,  respectively. 

ARTICLE  IX 

Whereas,  notwithstanding  all  efforts  which  may  be  made 
on  the  coast  of  Africa  for  suppressing  the  slave-trade,  the 

223 


NATIONAL     DOCUMENTS 

facilities  for  carrying  on  that  traffic  and  avoiding  the  vigi 
lance  of  cruisers,  by  the  fraudulent  use  of  flags  and  other 
means,  are  so  great,  and  the  temptations  for  pursuing  it, 
while  a  market  can  be  found  for  slaves,  so  strong,  as  that 
the  desired  result  may  be  long  delayed  unless  all  markets 
be  shut  against  the  purchase  of  African  negroes,  the  parties 
to  this  treaty  agree  that  they  will  unite  in  all  becoming 
representations  and  remonstrances  with  any  and  all  Powers 
within  whose  dominions  such  markets  are  allowed  to  exist, 
and  that  they  will  urge  upon  all  such  Powers  the  propriety 
and  duty  of  closing  such  markets  effectually,  at  once  and 
forever. 

ARTICLE  x 

It  is  agreed  that  the  United  States  and  Her  Britannic 
Majesty  shall,  upon  mutual  requisitions  by  them,  or  their 
Ministers,  officers,  or  authorities,  respectively  made,  de 
liver  up  to  justice  all  persons  who,  being  charged  with  the 
crime  of  murder,  or  assault  with  intent  to  commit  murder, 
or  piracy,  or  arson,  or  robbery,  or  forgery,  or  the  utter 
ance  of  forged  paper,  committed  within  the  jurisdiction  of 
either,  shall  seek  an  asylum  or  shall  be  found  within  the 
territories  of  the  other:  Provided,  that  this  shall  only  be 
done  upon  such  evidence  of  criminality  as,  according  to  the 
laws  of  the  place  where  the  fugitive  or  person  so  charged 
shall  be  found,  would  justify  his  apprehension  and  commit 
ment  for  trial  if  the  crime  or  offence  had  there  been  com 
mitted;  and  the  respective  judges  and  other  magistrates  of 
the  two  Governments  shall  have  power,  jurisdiction,  and 
authority,  upon  complaint  made  under  oath,  to  issue  a  war 
rant  for  the  apprehension  of  the  fugitive  or  person  so 
charged,  that  he  may  be  brought  before  such  judges  or 
other  magistrates,  respectively,  to  the  end  that  the  evidence 
of  criminality  may  be  heard  and  considered;  and  if,  on 

224 


NATIONAL     DOCUMENTS 

such  hearing,  the  evidence  be  deemed  sufficient  to  sustain 
the  charge,  it  shall  be  the  duty  of  the  examining  judge  or 
magistrate  to  certify  the  same  to  the  proper  executive  au 
thority,  that  a  warrant  may  issue  for  the  surrender  of  such 
fugitive.  The  expense  of  such  apprehension  and  delivery 
shall  be  borne  and  defrayed  by  the  party  who  makes  the 
requisition  and  receives  the  fugitive. 


•      ARTICLE  xi 

The  eighth  article  of  this  treaty  shall  be  in  force  for  five 
years  from  the  date  of  the  exchange  of  the  ratification,  and 
afterwards  until  one  or  the  other  party  shall  signify  a  wish 
to  terminate  it.  The  tenth  article  shall  continue  in  force 
until  one  or  the  other  of  the  parties  shall  signify  its  wish 
to  terminate  it,  and  no  longer. 

ARTICLE   XII 

The  present  treaty  shall  be  duly  ratified,  and  the  mutual 
exchange  of  ratification  shall  take  place  in  London,  within 
six  months  from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries, 
have  signed  this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  ninth  day  of  Au 
gust,  anno  Domini  one  thousand  eight  hundred  and  forty- 
two. 

DANL.  WEBSTER    [L.  s.] 

ASHBURTON        [L.  S.] 


225 


Treaty  with  Great  Britain    1846 

Treaty  between  the  United  States  of  America  and  Her 
Britannic  Majesty  for  Settlement  of  Boundary  West  of 
the  Rocky  Mountains,  Concluded  at  Washington,  June  15, 
1846;  Ratification  Advised  by  Senate  June  18,  1846;  Rati 
fied  by  President  June  19,  1846;  Ratifications  Exchanged 
at  London  July  17,  1846;  Proclaimed  August  5,  1846. 

The  United  States  of  America  and  Her  Majesty  the 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ire 
land,  deeming  it  to  be  desirable  for  the  future  welfare  of 
both  countries  that  the  state  of  doubt  and  uncertainty 
which  has  hitherto  prevailed  respecting  the  sovereignty  and 
government  of  the  territory  on  the  northwest  coast  of 
America,  lying  westward  of  the  Rocky  or  Stony  Moun 
tains,  should  be  finally  terminated  by  an  amicable  compro 
mise  of  the  rights  mutually  asserted  by  the  two  parties  over 
the  said  territory,  have  respectively  named  Plenipotentiaries 
to  treat  and  agree  concerning  the  terms  of  such  settlement, 
that  is  to  say: 

The  President  of  the  United  States  of  America  has,  on 
his  part,  furnished  with  full  powers  James  Buchanan, 
Secretary  of  State  of  the  United  States,  and  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  has,  on  her  part,  appointed  the  Right  Honorable 
Richard  Pakenham,  a  member  of  Her  Majesty's  Most  Hon 
orable  Privy  Council,  and  Her  Majesty's  Envoy  Extraor 
dinary  and  Minister  Plenipotentiary  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their 
respective  full  powers,  found  in  good  and  due  form,  have 
agreed  upon  and  concluded  the  following  articles: 

226 


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ARTICLE    I 

From  the  point  on  the  forty-ninth  parallel  of  north  lati 
tude,  where  the  boundary  laid  down  in  existing  treaties  and 
conventions  between  the  United  States  and  Great  Britain 
terminates,  the  line  of  boundary  between  the  territories  of 
the  United  States  and  those  of  Her  Britannic  Majesty 
shall  be  continued  westward  along  the  said  forty-ninth 
parallel  of  north  latitude  to  the  middle  of  the  channel 
which  separates  the  continent  from  Vancouver's  Island,  and 
thence  southerly  through  the  middle  of  the  said  channel, 
and  of  Fuca's  Straits,  to  the  Pacific  Ocean :  Provided,  how 
ever,  that  the  navigation  of  the  whole  of  the  said  channel 
and  straits,  south  of  the  forty-ninth  parallel  of  north  lati 
tude,  remain  free  and  open  to  both  parties. 

ARTICLE  II 

From  the  point  at  which  the  forty-ninth  parallel  of  north 
latitude  shall  be  found  to  intersect  the  great  northern 
branch  of  the  Columbia  River,  the  navigation  of  the  said 
branch  shall  be  free  and  open  to  the  Hudson's  Bay  Com 
pany,  and  to  all  British  subjects  trading  with  the  same,  to 
the  point  where  the  said  branch  meets  the  main  stream  of 
the  Columbia,  and  thence  down  the  said  main  stream  to  the 
ocean,  with  free  access  into  and  through  the  said  river  or 
rivers,  it  being  understood  that  all  the  usual  portages  along 
the  line  thus  described  shall,  in  like  manner,  be  free  and 
open.  In  navigating  the  said  river  or  rivers,  British  sub 
jects,  with  their  goods  and  produce,  shall  be  treated  on  the 
same  footing  as  citizens  of  the  United  States;  it  being, 
however,  always  understood  that  nothing  in  this  article 
shall  be  construed  as  preventing,  or  intended  to  prevent, 
the  Government  of  the  United  States  from  making  any 

227 


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regulations  respecting  the  navigation  of  the  said  river  or 
rivers  not  inconsistent  with  the  present  treaty. 


ARTICLE  III 

In  the  future  appropriation  of  the  territory  south  of  the 
forty-ninth  parallel  of  north  latitude,  as  provided  in  the 
first  article  of  this  treaty,  the  possessory  rights  of  the  Hud 
son's  Bay  Company,  and  of  all  British  subjects  who  may 
be  already  in  the  occupation  of  land  or  other  property  law 
fully  acquired  within  the  said  territory,  shall  be  respected. 

ARTICLE    IV 

The  farms,  lands,  and  other  property  of  every  descrip 
tion  belonging  to  the  Puget's  Sound  Agricultural  Company, 
on  the  north  side  of  the  Columbia  River,  shall  be  confirmed 
to  the  said  company.  In  case,  however,  the  situation  of 
those  farms  and  lands  should  be  considered  by  the  United 
States  to  be  of  public  and  political  importance,  and  the 
United  States  Government  should  signify  a  desire  to  obtain 
possession  of  the  whole,  or  of  any  part  thereof,  the  prop 
erty  so  required  shall  be  transferred  to  the  said  Govern 
ment,  at  a  proper  valuation,  to  be  agreed  upon  between  the 
parties. 

ARTICLE    V 

The  present  treaty  shall  be  ratified  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty;  and 
the  ratifications  shall  be  exchanged  at  London,  at  the  ex 
piration  of  six  months  from  the  date  hereof,  or  sooner  if 
possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have 
228 


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signed  the  same,  and  have  affixed  thereto  the  seals  of  their 


arms. 


Done  at  Washington  the  fifteenth  day  of  June,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty- 
six. 

RICHARD  PAKENHAM    [L.  s.] 
JAMES  BUCHANAN        [L.  s.] 


229 


Treaty  with  Mexico  1848 

Treaty  of  Peace,  Friendship,  Limits,  and  Settlement  be 
tween  the  United  States  of  America  and  the  United  Mex 
ican  States,  Concluded  at  Guadalupe  Hidalgo,  February  2, 
1848;  Ratification  Advised  by  Senate,  with  Amendments, 
March  10,  1848;  Ratified  by  President,  March  16,  1848; 
Ratifications  Exchanged  at  Queretaro,  May  30y  1848;  Pro 
claimed,  July  4,  1848. 

In  the  name  of  Almighty  God: 

The  United  States  of  America  and  the  United  Mexican 
States,  animated  by  a  sincere  desire  to  put  an  end  to  the 
calamities  of  the  war  which  unhappily  exists  between  the 
two  Republics,  and  to  establish  upon  a  solid  basis  relations 
of  peace  and  friendship,  which  shall  confer  reciprocal  bene 
fits  upon  the  citizens  of  both,  and  assure  the  concord,  har 
mony,  and  mutual  confidence  wherein  the  two  people  should 
live,  as  good  neighbours,  have  for  that  purpose  appointed 
their  respective  plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  has  appointed  Nicho 
las  P.  Trist,  a  citizen  of  the  United  States,  and  the  Presi 
dent  of  the  Mexican  Republic  has  appointed  Don  Luis 
Gonzaga  Cuevas,  Don  Bernardo  Couto,  and  Don  Miguel 
Atristain,  citizens  of  the  said  Republic; 

Who,  after  a  reciprocal  communication  of  their  respec 
tive  full  powers,  have,  under  the  protection  of  Almighty 
God,  the  author  of  peace,  arranged,  agreed  upon,  and 
signed  the  following: 

230 


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Treaty    of    Peace,    Friendship,    Limits,    and    Settlement. 

between  the  United  States  of  America  and  the 

Mexican  Republic. 

ARTICLE    I 

There  shall  be  firm  and  universal  peace  between  the 
United  States  of  America  and  the  Mexican  Republic,  and 
between  their  respective  countries,  territories,  cities,  towns, 
and  people,  without  exception  of  places  or  persons. 

ARTICLE    II 

Immediately  upon  the  signature  of  this  treaty,  a  conven 
tion  shall  be  entered  into  between  a  commissioner  or  com 
missioners  appointed  by  the  General-in-chief  of  the  forces 
of  the  United  States,  and  such  as  may  be  appointed  by  the 
Mexican  Government,  to  the  end  that  a  provisional  suspen 
sion  of  hostilities  shall  take  place,  and  that,  in  the  places 
occupied  by  the  said  forces,  constitutional  order  may  be 
re-established,  as  regards  the  political,  administrative,  and 
judicial  branches,  so  far  as  this  shall  be  permitted  by  the 
circumstances  of  military  occupation. 

ARTICLE    III 

Immediately  upon  the  ratification  of  the  present  treaty 
by  the  Government  of  the  United  States,  orders  shall  be 
transmitted  to  the  commanders  of  their  land  and  naval 
forces,  requiring  the  latter  (provided  this  treaty  shall  then 
have  been  ratified  by  the  Government  of  the  Mexican 
Republic,  and  the  ratifications  exchanged)  immediately  to 

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desist  from  blockading  any  Mexican  ports;  and  requiring 
the  former  (under  the  same  condition)  to  commence,  at 
the  earliest  moment  practicable,  withdrawing  all  troops  of 
the  United  States  then  in  the  interior  of  the  Mexican  Repub 
lic,  to  points  that  shall  be  selected  by  common  agreement, 
at  a  distance  from  the  seaports  not  exceeding  thirty  leagues ; 
and  such  evacuation  of  the  interior  of  the  Republic  shall 
be  completed  with  the  least  possible  delay;  the  Mexican 
Government  hereby  binding  itself  to  afford  every  facility 
in  its  power  for  rendering  the  same  convenient  to  the  troops, 
on  their  march  and  in  their  new  positions,  and  for  promoting 
a  good  understanding  between  them  and  the  inhabitants. 
In  like  manner  orders  shall  be  despatched  to  the  persons  in 
charge  of  the  custom-houses  at  all  ports  occupied  by  the 
forces  of  the  United  States,  requiring  them  (under  the  same 
condition)  immediately  to  deliver  possession  of  the  same  to 
the  persons  authorized  by  the  Mexican  Government  to  receive 
it,  together  with  all  bonds  and  evidences  of  debt  for  duties 
on  importations  and  on  exportations,  not  yet  fallen  due. 
Moreover,  a  faithful  and  exact  account  shall  be  made  out, 
showing  the  entire  amount  of  all  duties  on  imports  and  on 
exports,  collected  at  such  custom-houses,  or  elsewhere  in 
Mexico,  by  authority  of  the  United  States,  from  and  after 
the  day  of  ratification  of  this  treaty  by  the  Government 
of  the  Mexican  Republic;  and  also  an  account  of  the  cost 
of  collection;  and  such  entire  amount,  deducting  only  the 
cost  of  collection,  shall  be  delivered  to  the  Mexican  Govern 
ment,  at  the  city  of  Mexico,  within  three  months  after  the 
exchange  of  ratifications. 

The  evacuation  of  the  capital  of  the  Mexican  Republic 
by  the  troops  of  the  United  States,  in  virtue  of  the  above 
stipulation,  shall  be  completed  in  one  month  after  the  orders 
there  stipulated  for  shall  have  been  received  by  the  com 
mander  of  said  troops,  or  sooner  if  possible. 

232 


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ARTICLE    IV 

Immediately  after  the  exchange   of  ratifications  of  the 
present  treaty  all  castles,  forts,  territories,  places,  and  pos 
sessions,  which  have  been  taken  or  occupied  by  the  forces  of 
the  United  States  during  the  present  war,  within  the  limits 
of  the  Mexican  Republic,  as  about  to  be  established  by  the 
following  article,  shall  be  definitively  restored  to  the  said 
Republic,  together  with  all  the  artillery,  arms,  apparatus 
of  war,  munitions,  and  other  public  property,  which  were  in 
the  said  castles  and  forts  when  captured,  and  which  shall 
remain  there  at  the  time  when  this  treaty  shall  be  duly 
ratified  by  the  Government  of  the  Mexican  Republic.     To 
this   end,   immediately  upon  the  signature   of  this   treaty, 
orders   shall  be  despatched  to  the  American   officers   com 
manding  such  castles  and  forts,  securing  against  the  remov 
al   or   destruction   of  any   such  artillery,   arms,  apparatus 
of  war,  munitions,  or  other  public  property.     The  city  of 
Mexico,  within  the  inner  line  of  intrenchments  surrounding 
the  said  city,  is  comprehended  in  the  above  stipulation,  as 
regards  the  restoration  of  artillery,  apparatus  of  war,  &c. 
The  final   evacuation   of  the   territory   of   the   Mexican 
Republic,  by  the  forces  of  the  United  States,  shall  be  com 
pleted  in  three  months  from  the  said  exchange  of  ratifica 
tions,  or  sooner  if  possible ;  the  Mexican  Government  hereby 
engaging,  as  in  the  foregoing  article,  to  use  all  means  in 
its  power  for  facilitating  such  evacuation,   and  rendering 
it  convenient  to  the  troops,  and  for  promoting  a  good  under 
standing  between  them  and  the  inhabitants. 

If,  however,  the  ratification  of  this  treaty  by  both  parties 
should  not  take  place  in  time  to  allow  the  embarcation  of 
the  troops  of  the  United  States  to  be  completed  before 
the  commencement  of  the  sickly  season,  at  the  Mexican 
ports  on  the  Gulf  of  Mexico,  in  such  case  a  friendly  arrange- 

233 


NATIONAL     DOCUMENTS 

ment  shall  be  entered  into  between  the  General-in-chief  of 
the  said  troops  and  the  Mexican  Government,  whereby 
healthy  and  otherwise  suitable  places,  at  a  distance  from  the 
ports  not  exceeding  thirty  leagues,  shall  be  designated  for 
the  residence  of  such  troops  as  may  not  yet  have  embarked, 
until  the  return  of  the  healthy  season.  And  the  space  of 
time  here  referred  to  as  comprehending  the  sickly  season 
shall  be  understood  to  extend  from  the  first  day  of  May  to 
the  first  day  of  November. 

All  prisoners  of  war  taken  on  either  side,  on  land  or  on 
sea,  shall  be  restored  as  soon  as  practicable  after  the 
exchange  of  ratifications  of  this  treaty.  It  is  also  agreed 
that  if  any  Mexicans  should  now  be  held  as  captives  by  any 
savage  tribe  within  the  limits  of  the  United  States,  as  about 
to  be  established  by  the  following  article,  the  Government 
of  the  said  United  States  will  exact  the  release  of  such  cap 
tives,  and  cause  them  to  be  restored  to  their  country. 

ARTICLE  v 

The  boundary  line  between  the  two  Republics  shall  com 
mence  in  the  Gulf  of  Mexico,  three  leagues  from  land,  oppo 
site  the  mouth  of  the  Rio  Grande,  otherwise  called  Rio 
Bravo  del  Norte,  or  opposite  the  mouth  of  its  deepest 
branch,  if  it  should  have  more  than  one  branch  emptying 
directly  into  the  sea;  from  thence  up  the  middle  of  that 
river,  following  the  deepest  channel,  where  it  has  more  than 
one,  to  the  point  where  it  strikes  the  southern  boundary  of 
New  Mexico ;  thence,  westwardly,  along  the  whole  southern 
boundary  of  New  Mexico  (which  runs  north  of  the  towri 
called  Paso)  to  its  western  termination;  thence,  northward, 
along  the  western  line  of  New  Mexico,  until  it  intersects 
the  first  branch  of  the  river  Gila ;  (or  if  it  should  not  inter 
sect  any  branch  of  that  river,  then  to  the  point  on  the  said 

234 


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line  nearest  to  such  branch,  and  thence  in  a  direct  line  to 
the  same) ;  thence  down  the  middle  of  the  said  branch  and 
of  the  said  river,  until  it  empties  into  the  Rio  Colorado- 
thence  across  the  Rio  Colorado,  following  the  division  line 
between  Upper  and  Lower  California,  to  the  Pacific  Ocean. 
The  southern  and  western  limits  of  New  Mexico,  men 
tioned  in  this  article,  are  those  laid  down  in  the  map  entitled 
"Map   of   the    United  Mexican  States,  as   organized  and 
defined  by  various  acts  of  the  Congress  of  said  republic, 
and  constructed  according  to  the  best  authorities. .  Revised 
edition.    Published  at  New  York,  in  1847,  by  J.  Disturnell;" 
of  which  map  a  copy  is  added  to  this  treaty,  bearing  the 
signatures  and  seals  of  the  undersigned  Plenipotentiaries. 
And,  in  order  to  preclude  all  difficulty  in  tracing  upon  the 
ground  the  limit  separating  Upper  from  Lower  California, 
t  is  agreed  that  the  said  limit  shall  consist  of  a  straight 
line  drawn  from  the  middle  of  the  Rio  Gila,  where  it  unites 
with  the  Colorado,  to  a  point  on  the  coast  of  the  Pacific 
Ocean,  distant  one  marine  league  due  south  of  the  southern 
most  point  of  the  port  of  San  Diego,  according  to  the  plan 
of  said  port  made  in  the  year  1782  by  Don  Juan  Pantoja, 
second  sailing-master  of  the   Spanish  fleet,  and  published 
at  Madrid  in  the  year  1802,  in  the  atlas  to  the  voyage  of 
the  schooners  Sutil  and  Mexicana;  of  which  plan  a  copy  is 
hereunto  added,  signed  and  sealed  by  the  respective  Pleni 
potentiaries. 

In  order  to  designate  the  boundary  line  with  due  preci 
sion,  upon  authoritative  maps,  and  to  establish  upon  the 
ground  land-marks  which  shall  show  the  limits  of  both 
republics,  as  described  in  the  present  article,  the  two 
Governments  shall  each  appoint  a  commissioner  and  a  sur 
veyor,  who,  before  the  expiration  of  one  year  from  the  date 
of  the  exchange  of  ratifications  of  this  treaty,  shall  meet 
at  the  port  of  San  Diego,  and  proceed  to  run  and  mark  the 

235 


NATIONAL     DOCUMENTS 

said  boundary  in  its  whole  course  to  the  mouth  of  the  Rio 
Bravo  del  Norte.  They  shall  keep  journals  and  make  out 
plans  of  their  operations;  and  the  result  agreed  upon  by 
them  shall  be  deemed  a  part  of  this  treaty,  and  shall  have 
the  same  force  as  if  it  were  inserted  therein.  The  two 
Governments  will  amicably  agree  regarding  what  may  be 
necessary  to  these  persons,,  and  also  as  to  their  respective 
escorts,  should  such  be  necessary. 

The  boundary  line  established  by  this  article  shall  be 
religiously  respected  by  each  of  the  two  republics,  and  no 
change  shall  ever  be  made  therein,  except  by  the  express 
and  free  consent  of  both  nations,  lawfully  given  by  the 
General  Government  of  each,  in  conformity  with  its  own 
constitution. 

ARTICLE    VI 

The  vessels  and  citizens  of  the  United  States  shall,  in 
all  time,  have  a  free  and  uninterrupted  passage  by  the  Gulf 
of  California,  and  by  the  river  Colorado  below  its  conflu 
ence  with  the  Gila,  to  and  from  their  possessions  situated 
north  of  the  boundary  line  defined  in  the  preceding  article; 
it  being  understood  that  this  passage  is  to  be  by  navigating 
the  Gulf  of  California  and  the  river  Colorado,  and  not  by 
land,  without  the  express  consent  of  the  Mexican  Govern 
ment. 

If,  by  the  examinations  which  may  be  made,  it  should  be 
ascertained  to  be  practicable  and  advantageous  to  construct 
a  road,  canal,  or  railway,  which  should  in  whole  or  in  part  run 
upon  the  river  Gila,  or  upon  its  right  or  its  left  bank,  within 
the  space  of  one  marine  league  from  either  margin  of  the 
river,  the  Governments  of  both  republics  will  form  an  agree 
ment  regarding  its  construction,  in  order  that  it  may  serve 
equally  for  the  use  and  advantage  of  both  countries. 

236 


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ARTICLE     VII 

The  river  Gila,  and  the  part  of  the  Rio  Bravo  del  Norte 
lying  below  the  southern  boundary  of  New  Mexico,  being, 
agreeably  to  the  fifth  article,  divided  in  the  middle  between 
the  two  republics,  the  navigation  of  the  Gila  and  of  the 
Bravo  below  said  boundary  shall  be  free  and  common  to 
the  vessels  and  citizens  of  both  countries;  and  neither  shall 
without  the  consent  of  the  other,  construct  any  work  that 
may  impede  or  interrupt,  in  whole  or  in  part,  the  exercise 
this  right;  not  even  for  the  purpose  of  favoring  new 
methods  of  navigation.     Nor  shall  any  tax  or  contribution 
under  any  denomination  or  title,  be  levied  upon  vessels  or 
persons  navigating  the  same,  or  upon  merchandise  or  effects 
transported  thereon,  except  in  the  case  of  landing  upon  one 
of  their  shores.     If,   for  the  purpose  of  making  the  said 
rivers  navigable,  or  for  maintaining  them  in  such  state,  it 
should  be  necessary  or  advantageous  to  establish  any  tax 
or  contribution,  this  shall  not  be  done  without  the  consent 
of  both  Governments. 

The  stipulations  contained  in  the  present  article  shall  not 
impair  the  territorial  rights  of  either  republic  within  its 
established  limits. 


ARTICLE    VIII 


Mexicans  now  established  in  territories  previously  belong 
ing  to  Mexico,  and  which  remain  for  the  future  within  the 
limits  of  the  United  States,  as  defined  by  the  present  treaty, 
shall  be  free  to  continue  where  they  now  reside,  or  to  remove 
at  any  time  to  the  Mexican  Republic,  retaining  the  property 
which  they  possess  in  the  said  territories,  or  disposing 
thereof,  and  removing  the  proceeds  wherever  they  please, 
without  their  being  subjected,  on  this  account,  to  any  contri 
bution,  tax,  or  charge  whatever. 

237 


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Those  who  shall  prefer  to  remain  in  the  said  territories 
may  either  retain  the  title  and  rights  of  Mexican  citizens, 
or  acquire  those  of  citizens  of  the  United  States.  But  they 
shall  be  under  the  obligation  to  make  their  election  within 
one  year  from  the  date  of  the  exchange  of  ratifications  of 
this  treaty;  and  those  who  shall  remain  in  the  said  terri 
tories  after  the  expiration  of  that  year,  without  having 
declared  their  intention  to  retain  the  character  of  Mexicans, 
shall  be  considered  to  have  elected  to  become  citizens  of  the 
United  States. 

In  the  said  territories,  property  of  every  kind,  now 
belonging  to  Mexicans  not  established  there,  shall  be  invio 
lably  respected.  The  present  owners,  the  heirs  of  these, 
and  all  Mexicans  who  may  hereafter  acquire  said  property 
by  contract,  shall  enj  oy  with  respect  to  it  guarantees  equally 
ample  as  if  the  same  belonged  to  citizens  of  the  United 
States. 

ARTICLE    IX 

The  Mexicans  who,  in  the  territories  aforesaid,  shall  not 
preserve  the  character  of  citizens  of  the  Mexican  Republic, 
conformably  with  what  is  stipulated  in  the  preceding  article, 
shall  be  incorporated  into  the  Union  of  the  United  States, 
and  be  admitted  at  the  proper  time  (to  be  judged  of  by 
the  Congress  of  the  United  States)  to  the  enjoyment  of  all 
the  rights  of  citizens  of  the  United  States,  according  to  the 
principles  of  the  Constitution;  and  in  the  mean  time,  shall 
be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty  and  property,  and  secured  in  the  free  exercise  of 
their  religion  without  restriction. 


ARTICLE  X 

[Stricken  out.] 
238 


NATIONAL    DOCUMENTS 

ARTICLE    XI 

Considering  that  a  great  part  of  the  territories,  which 
by  the  present  treaty,  are  to  be  comprehended  for  the  future 
within  the  limits  of  the  United  States,  is  now  occupied  by 
savage  tribes,  who  will  hereafter  be  under  the  exclusive  con- 
troul  of  the  Government  of  the  United  States,  and  whose 
incursions  within  the  territory  of  Mexico  would  be  preju 
dicial  in  the  extreme,  it  is  solemnly  agreed  that  all  such 
incursions  shall  be  forcibly  restrained  by  the  Government 
the  United  States  whensoever  this  may  be  necessary; 
and  that  when  they  cannot  be  prevented,  they  shall  be  pun 
ished  by  the  said  Government,  and  satisfaction  for  the  same 
shall  be  exacted— all  in  the  same  way,  and  with  equal  dili 
gence  and  energy,  as  if  the  same  incursions  were  meditated 
or  committed  within  its  own  territory,  against  its  own 
citizens. 

It  shall  not  be  lawful,  under  any  pretext  whatever,  for 
any  inhabitant  of  the  United  States  to  purchase  or  acquire 
any  Mexican,  or  any  foreigner  residing  in  Mexico,  who 
may  have  been  captured  by  Indians  inhabiting  the  territory 
of  either  of  the  two  republics;  nor  to  purchase  or  acquire 
horses,  mules,  cattle,  or  property  of  any  kind,  stolen  within 
Mexican  territory  by  such  Indians. 

And  in  the  event  of  any  person  or  persons,  captured 
within  Mexican  territory  by  Indians,  being  carried  into  the 
territory  of  the  United  States,  the  Government  of  the  latter 
engages  and  binds  itself,  in  the  most  solemn  manner,  so  soon 
as  it  shall  know  of  such  captives  being  within  its  territory, 
and  shall  be  able  so  to  do,  through  the  faithful  exercise  of 
its  influence  and  power,  to  rescue  them  and  return  them  to 
their  country,  or  deliver  them  to  the  agent  or  representative 
of  the  Mexican  Government.  The  Mexican  authorities  will, 
as  far  as  practicable,  give  to  the  Government  of  the  United 

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States  notice  of  such  captures ;  and  its  agents  shall  pay  the 
expenses  incurred  in  the  maintenance  and  transmission  of 
the  rescued  captives ;  who,  in  the  mean  time,  shall  be  treated 
with  the  utmost  hospitality  by  the  American  authorities  at 
the  place  where  they  may  be.  But  if  the  Government  of  the 
United  States,  before  receiving  such  notice  from  Mexico, 
should  obtain  intelligence,  through  any  other  channel,  of 
the  existence  of  Mexican  captives  within  its  territory,  it 
will  proceed  forthwith  to  effect  their  release  and  delivery 
to  the  Mexican  agent,  as  above  stipulated. 

For  the  purpose  of  giving  to  these  stipulations  the  fullest 
possible  efficacy,  thereby  affording  the  security  and  redress 
demanded  by  their  true  spirit  and  intent,  the  Government  of 
the  United  States  will  now  and  hereafter  pass,  without 
unnecessary  delay,  and  always  vigilantly  enforce,  such  laws 
as  the  nature  of  the  subject  may  require.  And,  finally, 
the  sacredness  of  this  obligation  shall  never  be  lost  sight  of 
by  the  said  Government,  when  providing  for  the  removal 
of  the  Indians  from  any  portion  of  the  said  territories,  or 
for  its  being  settled  by  citizens  of  the  United  States;  but, 
on  the  contrary,  special  care  shall  then  be  taken  not  to  place 
its  Indian  occupants  under  the  necessity  of  seeking  new 
homes,  by  committing  those  invasions  which  the  United 
States  have  solemnly  obliged  themselves  to  restrain. 


ARTICLE    XII 

In  consideration  of  the  extension  acquired  by  the  boun 
daries  of  the  United  States,  as  defined  in  the  fifth  article 
of  the  present  treaty,  the  Government  of  the  United  States 
engages  to  pay  to  that  of  the  Mexican  Republic  the  sum  of 
fifteen  millions  of  dollars. 

Immediately  after  this  treaty  shall  have  been  duly  rati 
fied  by  the  Government  of  the  Mexican  Republic,  the  sum  of 

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three  millions  of  dollars  shall  be  paid  to  the  said  Govern 
ment  by  that  of  the  United  States,  at  the  city  of  Mexico 
in  the  gold  or  silver  coin  of  Mexico.  The  remaining  twelve 
millions  of  dollars  shall  be  paid  at  the  same  place,  and  in 
the  same  coin,  in  annual  instalments  of  three  millions  of 
dollars  each,  together  with  interest  on  the  same  at  the  rate 
of  six  per  centum  per  annum.  This  interest  shall  begin  to 
run  upon  the  whole  sum  of  twelve  millions  from  the  day  of 
the  ratification  of  the  present  treaty  by  the  Mexican  Govern 
ment,  and  the  first  of  the  instalments  shall  be  paid  at  the 
expiration  of  one  year  from  the  same  day.  Together  with 
each  annual  instalment,  as  it  falls  due,  the  whole  interest 
accruing  on  such  instalment  from  the  beginning  shall  also 
be  paid. 


ARTICLE    XIII 


The  United  States  engage,  moreover,  to  assume  and  pay 
to  the  claimants  all  the  amounts  now  due  them,  and  those 
hereafter  to  become  due,  by  reason  of  the  claims  already 
liquidated  and  decided  against  the  Mexican  Republic,  under 
the  conventions  between  the  two  republics  severally  con 
cluded  on  the  eleventh  day  of  April,  eighteen  hundred  and 
thirty-nine,  and  on  the  thirtieth  day  of  January,  eighteen 
hundred  and  forty-three;  so  that  the  Mexican  Republic 
shall  be  absolutely  exempt,  for  the  future,  from  all  expense 
whatever  on  account  of  the  said  claims. 


ARTICLE     XIV 


The  United  States  do  furthermore  discharge  the  Mexican 
Republic  from  all  claims  of  citizens  of  the  United  States, 
not  heretofore  decided  against  the  Mexican  Government, 
which  may  have  arisen  previously  to  the  date  of  the  signa 
ture  of  this  treaty;  which  discharge  shall  be  final  and  per- 


NATIONAL     DOCUMENTS 

petual,  whether  the  said  claims  be  rejected  or  be  allowed 
by  the  board  of  commissioners  provided  for  in  the  following 
article,  and  whatever  shall  be  the  total  amount  of  those 
allowed. 

ARTICLE    XV 

The  United  States,  exonerating  Mexico  from  all  demands 
on  account  of  the  claims  of  their  citizens  mentioned  in  the 
preceding  article,  and  considering  them  entirely  and  forever 
cancelled,  whatever  their  amount  may  be,  undertake  to  make 
satisfaction  for  the  same,  to  an  amount  not  exceeding 
three  and  one-quarter  millions  of  dollars.  To  ascertain  the 
validity  and  amount  of  those  claims,  a  board  of  commis 
sioners  shall  be  established  by  the  Government  of  the  United 
States,  whose  awards  shall  be  final  and  conclusive;  pro 
vided  that,  in  deciding  upon  the  validity  of  each  claim,  the 
board  shall  be  guided  and  governed  by  the  principles  and 
rules  of  decision  prescribed  by  the  first  and  fifth  articles 
of  the  unratified  convention,  concluded  at  the  city  of  Mex 
ico  on  the  twentieth  day  of  November,  one  thousand  eight 
hundred  and  forty-three;  and  in  no  case  shall  an  award 
be  made  in  favour  of  any  claim  not  embraced  by  these 
principles  and  rules. 

If,  in  the  opinion  of  the  said  board  of  commissioners 
or  of  the  claimants,  any  books,  records,  or  documents,  in 
the  possession  or  power  of  the  Government  of  the  Mexican 
Republic,  shall  be  deemed  necessary  to  the  just  decision 
of  any  claim,  the  commissioners,  or  the  claimants  through 
them,  shall,  within  such  period  as  Congress  may  designate, 
make  an  application  in  writing  for  the  same,  addressed 
to  the  Mexican  Minister  of  Foreign  Affairs,  to  be  trans 
mitted  by  the  Secretary  of  State  of  the  United  States; 
and  the  Mexican  Government  engages,  at  the  earliest  possi 
ble  moment  after  the  receipt  of  such  demand,  to  cause  any 

242 


NATIONAL    DOCUMENTS 

of  the  books,  records,  or  documents  so  specified,  which 
shall  be  in  their  possession  or  power  (or  authenticated 
copies  or  extracts  of  the  same),  to  be  transmitted  to  the  said 
Secretary  of  State,  who  shall  immediately  deliver  them  over 
to  the  said  board  of  commissioners;  provided  that  no  such 
application  shall  be  made  by  or  at  the  instance  of  any  claim 
ant,  until  the  facts  which  it  is  expected  to  prove  by  such 
books,  records,  or  documents,  shall  have  been  stated  under 
oath  or  affirmation. 


ARTICLE     XVI 

Each  of  the  contracting  parties  reserves  to  itself  the 
entire  right  to  fortify  whatever  point  within  its  territory 
it  may  judge  proper  so  to  fortify  for  its  security. 

ARTICLE     XVII 

The  treaty  of  amity,  commerce,  and  navigation,  concluded 
at  the  city  of  Mexico  on  the  fifth  day  of  April,  A.  D. 
1831,  between  the  United  States  of  America  and  the  United 
Mexican  States,  except  the  additional  article,  and  except 
so  far  as  the  stipulations  of  the  said  treaty  may  be  incom 
patible  with  any  stipulation  contained  in  the  present  treaty, 
is  hereby  revived  for  the  period  of  eight  years  from  the  day 
of  the  exchange  of  ratifications  of  this  treaty,  with  the 
same  force  and  virtue  as  if  incorporated  therein;  it  being 
understood  that  each  of  the  contracting  parties  reserves  to 
itself  the  right,  at  any  time  after  the  said  period  of  eight 
years  shall  have  expired,  to  terminate  the  same  by  giving 
one  year's  notice  of  such  intention  to  the  other  party. 


ARTICLE     XVIII 


All  supplies  whatever  for  troops  of  the  United   States 
in    Mexico,   arriving  at   ports    in   the   occupation    of   such 

243 


NATIONAL     DOCUMENTS 

troops  previous  to  the  final  evacuation  thereof,  although 
subsequently  to  the  restoration  of  the  custom-houses  at 
such  ports,  shall  be  entirely  exempt  from  duties  and  charges 
of  any  kind;  the  Government  of  the  United  States  hereby 
engaging  and  pledging  its  faith  to  establish  and  vigilantly 
to  enforce,  all  possible  guards  for  securing  the  revenue  of 
Mexico,  by  preventing  the  importation,  under  cover  of  this 
stipulation,  of  any  articles  other  than  such,  both  in  kind 
and  in  quantity,  as  shall  really  be  wanted  for  the  use  and 
consumption  of  the  forces  of  the  United  States  during  the 
time  they  may  remain  in  Mexico.  To  this  end  it  shall  be 
the  duty  of  all  officers  and  agents  of  the  United  States  to 
denounce  to  the  Mexican  authorities  at  the  respective  ports 
any  attempts  at  a  fraudulent  abuse  of  this  stipulation, 
which  they  may  know  of,  or  may  have  reason  to  suspect, 
and  to  give  to  such  authorities  all  the  aid  in  their  power 
with  regard  thereto;  and  every  such  attempt,  when  duly 
proved  and  established  by  sentence  of  a  competent  tribunal, 
shall  be  punished  by  the  confiscation  of  the  property  so 
attempted  to  be  fraudulently  introduced. 

ARTICLE     XIX 

With  respect  to  all  merchandise,  effects,  and  property 
whatsoever,  imported  into  ports  of  Mexico,  whilst  in  the 
occupation  of  the  forces  of  the  United  States,  whether  by 
citizens  of  either  republic,  or  by  citizens  or  subjects  of 
any  neutral  nation,  the  following  rules  shall  be  observed: 

(1)  All  such  merchandise,  effects,  and  property,  if  im 
ported  previously  to  the  restoration  of  the  custom-houses 
to  the  Mexican  authorities,  as  stipulated  for  in  the  third 
article  of  this  treaty,  shall  be  exempt  from  confiscation, 
although  the  importation  of  the  same  be  prohibited  by  the 
Mexican  tariff. 

244 


NATIONAL     DOCUMENTS 

(2)  The  same  perfect  exemption  shall  be  enjoyed  by 
all    such    merchandise,    effects,    and    property,    imported 
subsequently  to  the  restoration  of  the  custom-houses,  and 
previously  to  the  sixty  days  fixed  in  the  following  article 
for  the  coming  into  force  of  the   Mexican  tariff  at  such 
ports  respectively;  the  said  merchandise,  effects,  and  prop 
erty  being,  however,  at  the  time  of  their  importation,  sub 
ject  to  the  payment  of  duties,  as  provided  for  in  the  said 
following  article. 

(3)  All  merchandise,  effects,  and  property  described  in 
the  two  rules  foregoing  shall,  during  their  continuance  at 
the  place  of  importation^,  and  upon  their  leaving  such  place 
for  the  interior,  be  exempt  from  all  duty,  tax,  or  imposts 
of  every  kind,  under  whatsoever  title  or  denomination.    Nor 
shall  they  be  there  subjected  to  any  charge  whatsoever  upon 
the  sale  thereof. 

(4)  All  merchandise,  effects,  and  property,  described  in 
the  first  and  second  rules,  which  shall  have  been  removed 
to  any  place  in  the  interior  whilst  such  place  was  in  the 
occupation  of  the  forces  of  the  United  States,  shall,  during 
their  continuance  therein,  be  exempt  from  all  tax  upon  the 
sale  or  consumption  thereof,  and  from  every  kind  of  impost 
or  contribution,  under  whatsoever  title  or  denomination. 

(5)  But    if    any    merchandise,    effects,    or    property, 
described  in  the  first  and  second  rules,  shall  be  removed 
to  any  place  not  occupied  at  the  time  by  the  forces  of  the 
United  States,  they  shall,  upon  their  introduction  into  such 
place,  or  upon  their  sale  or  consumption  there,  be  subject 
to  the  same  duties  which,   under  the   Mexican  laws,  they 
would  be  required  to  pay  in  such  cases  if  they  had  been 
imported  in  time  of  peace,  through  the  maritime  custom 
houses,  and  had  there  paid  the  duties  conformably  with  the 
Mexican  tariff. 

(6)  The  owners  of  all  merchandise,  effects,  or  property, 

245 


NATIONAL     DOCUMENTS 

described  in  the  first  and  second  rules,  and  existing  in  any 
port  of  Mexico,  shall  have  the  right  to  reship  the  same, 
exempt  from  all  tax,  impost,  or  contribution  whatever. 

With  respect  to  the  metals,  or  other  property,  exported 
from  any  Mexican  port  whilst  in  the  occupation  of  the 
forces  of  the  United  States,  and  previously  to  the  resto 
ration  of  the  custom-house  at  such  port,  no  person  shall  be 
required  by  the  Mexican  authorities,  whether  general  or 
state,  to  pay  any  tax,  duty,  or  contribution  upon  any  such 
exportation,  or  in  any  manner  to  account  for  the  same  to 
the  said  authorities. 

ARTICLE    XX 

Through  consideration  for  the  interests  of  commerce 
generally,  it  is  agreed,  that  if  less  than  sixty  days  should 
elapse  between  the  date  of  the  signature  of  this  treaty  and 
the  restoration  of  the  custom-houses,  conformably  with  the 
stipulation  in  the  third  article,  in  such  case  all  merchan 
dise,  effects,  and  property  whatsoever,  arriving  at  the 
Mexican  ports  after  the  restoration  of  the  said  custom 
houses,  and  previously  to  the  expiration  of  sixty  days  after 
the  day  of  signature  of  this  treaty,  shall  be  admitted  to 
entry;  and  no  other  duties  shall  be  levied  thereon  than 
the  duties  established  by  the  tariff  found  in  force  at  such 
custom-houses  at  the  time  of  the  restoration  of  the  same. 
And  to  all  such  merchandise,  effects,  and  property,  the  rules 
established  by  the  preceding  article  shall  apply. 

ARTICLE    XXI 

If  unhappily  any  disagreement  should  hereafter  arise 
between  the  Governments  of  the  two  republics,  whether  with 
respect  to  the  interpretation  of  any  stipulation  in  this  treaty, 
or  with  respect  to  any  other  particular  concerning  the  polit- 

246 


NATIONAL    DOCUMENTS 

ical  or  commercial  relations  of  the  two  nations,  the  said 
Governments,  in  the  name  of  those  nations,  do  promise  to 
each  other  that  they  will  endeavour,  in  the  most  sincere 
and  earnest  manner,  to  settle  the  differences  so  arising,  and 
to  preserve  the  state  of  peace  and  friendship  in  which  the 
two  countries  are  now  placing  themselves,  using,  for  this 
end,  mutual  representations  and  pacific  negotiations.  And 
if,  by  these  means,  they  should  not  be  enabled  to  come  to 
an  agreement,  a  resort  shall  not,  on  this  account,  be  had  to 
reprisals,  aggression,  or  hostility  of  any  kind,  by  the  one 
republic  against  the  other,  until  the  Government  of  that 
which  deems  itself  aggrieved  shall  have  maturely  considered, 
in  the  spirit  of  peace  and  good  neighbourship,  whether  it 
would  not  be  better  that  such  difference  should  be  settled 
by  the  arbitration  of  commissioners  appointed  on  each  side, 
or  by  that  of  a  friendly  nation.  And  should  such  course 
be  proposed  by  either  party,  it  shall  be  acceded  to  by  the 
other,  unless  deemed  by  it  altogether  incompatible  with 
the  nature  of  the  difference,  or  the  circumstances  of  the 
case. 


ARTICLE    XXII 

If  (which  is  not  to  be  expected,  and  which  God  forbid) 
war  should  unhappily  break  out  between  the  two  republics, 
they  do  now,  with  a  view  to  such  calamity,  solemnly  pledge 
themselves  to  each  other  and  to  the  world  to  observe  the 
following  rules;  absolutely  where  the  nature  of  the  sub 
ject  permits,  and  as  closely  as  possible  in  all  cases  where 
such  absolute  observance  shall  be  impossible: 

(1)  The  merchants  of  either  republic  then  residing  in 
the  other  shall  be  allowed  to  remain  twelve  months  (for 
those  dwelling  in  the  interior),  and  six  months  (for  those 
dwelling  at  the  seaports)  to  collect  their  debts  and  settle 

247 


NATIONAL     DOCUMENTS 

their  affairs;  during  which  periods  they  shall  enjoy  the  same 
protection,  and  be  on  the  same  footing,  in  all  respects,  as 
the  citizens  or  subjects  of  the  most  friendly  nations;  and, 
at  the  expiration  thereof,  or  at  any  time  before,  they  shall 
have  full  liberty  to  depart,  carrying  off  all  their  effects 
without  molestation  or  hindrance,  conforming  therein  to  the 
same  laws  which  the  citizens  or  subjects  of  the  most  friendly 
nations  are  required  to  conform  to.  Upon  the  entrance  of 
the  armies  of  either  nation  into  the  territories  of  the  other, 
women  and  children,  ecclesiastics,  scholars  of  every  faculty, 
cultivators  of  the  earth,  merchants,  artisans,  manufacturers, 
and  fishermen,  unarmed  and  inhabiting  unfortified  towns, 
villages,  or  places,  and  in  general  all  persons  whose  occupa 
tions  are  for  the  common  subsistence  and  benefit  of  man 
kind,  shall  be  allowed  to  continue  their  respective  employ 
ments,  unmolested  in  their  persons.  Nor  shall  their  houses 
or  goods  be  burnt  or  otherwise  destroyed,  nor  their  cattle 
taken,  nor  their  fields  wasted,  by  the  armed  force  into  whose 
power,  by  the  events  of  war,  they  may  happen  to  fall; 
but  if  the  necessity  arise  to  take  anything  from  them  for 
the  use  of  such  armed  force,  the  same  shall  be  paid  for  at 
an  equitable  price.  All  churches,  hospitals,  schools,  colleges, 
libraries,  and  other  establishments  for  charitable  and  benefi 
cent  purposes,  shall  be  respected,  and  all  persons  connected 
with  the  same  protected  in  the  discharge  of  their  duties, 
and  the  pursuit  of  their  vocations. 

(2)  In  order  that  the  fate  of  prisoners  of  war  may  be 
alleviated,  all  such  practices  as  those  of  sending  them  into 
distant,  inclement,  or  unwholesome  districts,  or  crowding 
them  into  close  and  noxious  places,  shall  be  studiously 
avoided.  They  shall  not  be  confined  in  dungeons,  prison- 
ships,  or  prisons ;  nor  be  put  in  irons,  or  bound,  or  otherwise 
restrained  in  the  use  of  their  limbs.  The  officers  shall  enjoy 
liberty  on  their  paroles,  within  convenient  districts,  and  have 

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NATIONAL     DOCUMENTS 

comfortable  quarters ;  and  the  common  soldier  shall  be  dis 
posed  in  cantonments,  open  and  entensive  enough  for  air 
and  exercise,  and  lodged  in  barracks  as  roomy  and  good  as 
are  provided  by  the  party  in  whose  power  they  are  for 
its  own  troops.  But  if  any  officer  shall  break  his  parole 
by  leaving  the  district  so  assigned  him,  or  any  other 
prisoner  shall  escape  from  the  limits  of  his  cantonment, 
after  they  shall  have  been  designated  to  him,  such  indi 
vidual,  officer,  or  other  prisoner,  shall  forfeit  so  much  of  the 
benefit  of  this  article  as  provides  for  his  liberty  on  parole 
or  in  cantonment.  And  if  any  officer  so  breaking  his  parole, 
or  any  common  soldier  so  escaping  from  the  limits  assigned 
him,  shall  afterwards  be  found  in  arms,  previously  to  his 
being  regularly  exchanged,  the  person  so  offending  shall 
be  dealt  with  according  to  the  established  laws  of  war. 
The  officers  shall  be  daily  furnished,  by  the  party  in  whose 
power  they  are,  with  as  many  rations,  and  of  the  same  arti 
cles,  as  are  allowed,  either  in  kind  or  by  commutation,  to 
officers  of  equal  rank  in  its  own  army;  and  all  others  shall 
be  daily  furnished  with  such  ration  as  is  allowed  to  a 
common  soldier  in  its  own  service;  the  value  of  all  which 
supplies  shall,  at  the  close  of  the  war,  or  at  periods  to  be 
agreed  upon  between  the  respective  commanders,  be  paid  by 
the  other  party,  on  a  mutual  adjustment  of  accounts  for  the 
subsistence  of  prisoners;  and  such  accounts  shall  not  be 
mingled  with  or  set  off  against  any  others,  nor  the  balance 
due  on  them  be  withheld,  as  a  compensation  or  reprisal  for 
any  cause  whatever,  real  or  pretended.  Each  party  shall 
be  allowed  to  keep  a  commissary  of  prisoners,  appointed 
by  itself,  with  every  cantonment  of  prisoners,  in  possession 
of  the  other;  which  commissary  shall  see  the  prisoners  as 
often  as  he  pleases;  shall  be  allowed  to  receive,  exempt 
from  all  duties  or  taxes,  and  to  distribute,  whatever  comforts 
may  be  sent  to  them  by  their  friends;  and  shall  be  free  to 


NATIONAL     DOCUMENTS 

transmit  his  reports  in  open  letters  to  the  party  by  whom 
he  is  employed. 

And  it  is  declared  that  neither  the  pretence  that  war  dis 
solves  all  treaties,  nor  any  other  whatever,  shall  be  con 
sidered  as  annulling  or  suspending  the  solemn  covenant 
contained  in  this  article.  On  the  contrary,  the  state  of  war 
is  precisely  that  for  which  it  is  provided ;  and,  during  which, 
its  stipulations  are  to  be  as  sacredly  observed  as  the  most 
acknowledged  obligations  under  the  law  of  nature  or 
nations. 

ARTICLE     XXIII 

This  treaty  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  con 
sent  of  the  Senate  thereof;  and  by  the  President  of  the 
Mexican  Republic,  with  the  previous  approbation  of  its 
general  Congress;  and  the  ratifications  shall  be  exchanged 
in  the  city  of  Washington,  or  at  the  seat  of  Government  of 
Mexico,  in  four  months  from  the  date  of  the  signature 
hereof,  or  sooner  if  practicable. 

In  faith  whereof  we,  the  respective  Plenipotentiaries, 
have  signed  this  treaty  of  peace,  friendship,  limits,  and 
settlement,  and  have  hereunto  affixed  our  seals  respectively. 
Done  in  quintuplicate,  at  the  city  of  Guadalupe  Hidalgo, 
on  the  second  day  of  February,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-eight. 

N.  P.  TRIST  [L.  s.] 

Luis  P.  CUEVAS  [L.  s.] 
BERNARDO  COUTO  [L.  s.] 
MIGL.  ATRISTAIN  [L.  s.] 


250 


Treaty  with  Great  Britain  1850 

Convention  between  the  United  States  of  America  and 
ler  Britannic  Majesty  Relative  to  a  Ship-canal  by  way  of 
Nicaragua    Costa  Rica,  the  Mosquito   Coast,  or  any  part 
Central  America,  Concluded  at  Washington,  April   19 
1850;  Ratification  Advised  by  the  Senate,  May  22,  1850^ 
Ratified  by  the  President,  May  23,  1850;  Ratifications  Ex 
changed   at   Washington,   July  4,   1850;   Proclaimed   July 
5,   1 850. 

The  United  States  of  America  and  Her  Britannic  Ma 
jesty,  being  desirous  of  consolidating  the  relations  of  amity 
which   so  happily  subsist  between  them  by  setting  forth 
and  fixing  in  a  convention  their  views  and  intentions  with 
eference   to  any   means   of   communication   by   ship-canal 
which  may  be  constructed  between  the  Atlantic  and  Pacific 
Oceans  by  the  way  of  the  river  San  Juan  de  Nicaragua, 
and  either  or  both  of  the  lakes  of  Nicaragua  or  Managua, 
to  any  port  or  place  on  the  Pacific  Ocean,  the  President 
of  the  United  States  has  conferred  full  powers  on  John 
M.  Clayton,  Secretary  of  State  of  the  United  States,  and 
Her  Britannic  Majesty  on  the  Right  Honorable  Sir  Henry 
tytton  Bulwer,  a  member  of  Her  Majesty's  Most  Honor 
able  Privy  Council,  Knight  Commander  of  the  Most  Hon 
orable  Order  of  the  Bath,  and  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  Her  Britannic  Majesty  to  the 
United   States,    for   the   aforesaid   purpose;    and  the   said 
Plenipotentiaries,    having    exchanged    their    full    powers, 
which  were  found  to  be  in  proper  form,  have  agreed  to 
the  following  articles: 

251 


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ARTICLE   I 

The  Governments  of  the  United  States  and  Great 
Britain  hereby  declare  that  neither  the  one  nor  the  other 
will  ever  obtain  or  maintain  for  itself  any  exclusive  con 
trol  over  the  said  ship-canal ;  agreeing  that  neither  will  ever 
erect  or  maintain  any  fortifications  commanding  the  same, 
or  in  the  vicinity  thereof,  or  occupy,  or  fortify,  or  colonize, 
or  assume  or  exercise  any  dominion  over  Nicaragua,  Costa 
Rica,  the  Mosquito  coast,  or  any  part  of  Central  America; 
nor  will  either  make  use  of  any  protection  which  either 
affords  or  may  afford,  or  any  alliance  which  either  has  or 
may  have  to  or  with  any  State  or  people  for  the  purpose 
of  erecting  or  maintaining  any  such  fortifications,  or  of 
occupying,  fortifying,  or  colonizing  Nicaragua,  Costa  Rica, 
the  Mosquito  coast,  or  any  part  of  Central  America,  or  of 
assuming  or  exercising  dominion  over  the  same;  nor  will 
the  United  States  or  Great  Britain  take  advantage  of  any 
intimacy,  or  use  any  alliance,  connection,  or  influence  that 
either  may  possess,  with  any  State  or  Government  through 
whose  territory  the  said  canal  may  pass,  for  the  purpose  of 
acquiring  or  holding,  directly  or  indirectly,  for  the  citizens 
or  subjects  of  the  one  any  rights  or  advantages  in  regard 
to  commerce  or  navigation  through  the  said  canal  which 
shall  not  be  offered  on  the  same  terms  to  the  citizens  or 
subjects  of  the  other. 

ARTICLE    II 

Vessels  of  the  United  States  or  Great  Britain  traversing 
the  said  canal  shall,  in  case  of  war  between  the  contracting 
parties,  be  exempted  from  blockade,  detention,  or  capture 
by  either  of  the  belligerents ;  and  this  provision  shall  extend 
to  such  a  distance  from  the  two  ends  of  the  said  canal  as 
may  hereafter  be  found  expedient  to  establish. 

252 


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ARTICLE    III 


In  order  to  secure  the  construction  of  the  said  canal,  the 
contracting  parties  engage  that,  if  any  such  canal  shall 
be  undertaken  upon  fair  and  equitable  terms  by  any  parties 
having  the  authority  of  the  local  government  or  govern 
ments  through  whose  territory  the  same  may  pass,  then 
the  persons  employed  in  making  the  said  canal,  and  their 
property  used  or  to  be  used  for  that  object,  shall  be  pro 
tected,  from  the  commencement  of  the  said  canal  to  its 
completion,  by  the  Governments  of  the  United  States  and 
Great  Britain,  from  unjust  detention,  confiscation,  seizure, 
or  any  violence  whatsoever. 


ARTICLE    IV 

The  contracting  parties  will  use  whatever  influence  they 
respectively  exercise  with  any  State,  States,  or  Govern 
ments  possessing,  or  claiming  to  possess,  any  jurisdiction 
or  right  over  the  territory  which  the  said  canal  shall 
traverse,  or  which  shall  be  near  the  waters  applicable 
thereto,  in  order  to  induce  such  States  or  Governments  to 
facilitate  the  construction  of  the  said  canal  by  every  means 
in  their  power;  and  furthermore,  the  United  States  and 
Great  Britain  agree  to  use  their  good  offices,  wherever  or 
however  it  may  be  most  expedient,  in  order  to  procure  the 
establishment  of  two  free  ports,  one  at  each  end  of  the 
said  canal. 

ARTICLE    V 

The  contracting  parties  further  engage  that  when  the 
said  canal  shall  have  been  completed  they  will  protect  it 
from  interruption,  seizure,  or  unjust  confiscation,  and  that 
they  will  guarantee  the  neutrality  thereof,  so  that  the  said 

253 


NATIONAL     DOCUMENTS 

canal  may  forever  be  open  and  free,  and  the  capital  in 
vested  therein  secure.  Nevertheless,  the  Governments  of 
the  United  States  and  Great  Britain,  in  according  their 
protection  to  the  construction  of  the  said  canal,  and  guar 
anteeing  its  neutrality  and  security  when  completed,  always 
understand  that  this  protection  and  guarantee  are  granted 
conditionally,  and  may  be  withdrawn  by  both  Governments, 
or  either  Government,  if  both  Governments  or  either  Gov 
ernment  should  deem  that  the  persons  or  company  under 
taking  or  managing  the  same  adopt  or  establish  such 
regulations  concerning  the  traffic  thereupon  as  are  contrary 
to  the  spirit  and  intention  of  this  convention,  either  by 
making  unfair  discriminations  in  favor  of  the  commerce  of 
one  of  the  contracting  parties  over  the  commerce  of  the 
other,  or  by  imposing  oppressive  exactions  or  unreasonable 
tolls  upon  passengers,  vessels,  goods,  wares,  merchandise, 
or  other  articles.  Neither  party,  however,  shall  withdraw 
the  aforesaid  protection  and  guarantee  without  first  giving 
six  months'  notice  to  the  other. 


ARTICLE   VI 

The  contracting  parties  in  this  convention  engage  to  in 
vite  every  State  with  which  both  or  either  have  friendly 
intercourse  to  enter  into  stipulations  with  them  similar  to 
those  which  they  have  entered  into  with  each  other,  to  the 
end  that  all  other  States  may  share  in  the  honor  and  ad 
vantage  of  having  contributed  to  a  work  of  such  general 
interest  and  importance  as  the  canal  herein  contemplated. 
And  the  contracting  parties  likewise  agree  that  each  shall 
enter  into  treaty  stipulations  with  such  of  the  Central 
American  States  as  they  may  deem  advisable  for  the  pur 
pose  of  more  effectually  carrying  out  the  great  design  of 
this  convention,  namely,  that  of  constructing  and  mamtain- 

254 


NATIONAL     DOCUMENTS 

ing  the  said  canal  as  a  ship  communication  between  the 
two  oceans,  for  the  benefit  of  mankind,  on  equal  terms  to 
all,  and  of  protecting  the  same;  and  they  also  agree  that 
the  good  offices  of  either  shall  be  employed,  when  requested 
by  the  other,  in  aiding  and  assisting  the  negotiation  of  such 
treaty  stipulations;  and  should  any  differences  arise  as  to 
right  or  property  over  the  territory  through  which  the  said 
canal  shall  pass,  between  the  States  or  Governments  of 
Central  America,  and  such  differences  should  in  any  way 
impede  or  obstruct  the  execution  of  the  said  canal,  the 
Governments  of  the  United  States  and  Great  Britain  will 
use  their  good  offices  to  settle  such  differences  in  the  man 
ner  best  suited  to  promote  the  interests  of  the  said  canal, 
and  to  strengthen  the  bonds  of  friendship  and  alliance 
which  exist  between  the  contracting  parties. 


ARTICLE    VII 

It  being  desirable  that  no  time  should  be  unnecessarily 
lost  in  commencing  and  constructing  the  said  canal,  the 
Governments  of  the  United  States  and  Great  Britain  de 
termine  to  give  their  support  and  encouragement  to  such 
persons  or  company  as  may  first  offer  to  commence  the 
same,  with  the  necessary  capital,  the  consent  of  the  local 
authorities,  and  on  such  principles  as  accord  with  the  spirit 
and  intention  of  this  convention;  and  if  any  persons  or 
company  should  already  have,  with  any  State  through 
which  the  proposed  ship-canal  may  pass,  a  contract  for  the 
construction  of  such  a  canal  as  that  specified  in  this  con 
vention,  to  the  stipulations  of  which  contract  neither  of  the 
contracting  parties  in  this  convention  have  any  just  cause 
to  object,  and  the  said  persons  or  company  shall,  more 
over,  have  made  preparations  and  expended  time,  money, 
and  trouble  on  the  faith  of  such  contract,  it  is  hereby 

255 


NATIONAL    DOCUMENTS 

agreed  that  such  persons  or  company  shall  have  a  priority 
of  claim  over  every  other  person,  persons,  or  company  to 
the  protection  of  the  Governments  of  the  United  States  and 
Great  Britain,  and  be  allowed  a  year  from  the  date  of  the 
exchange  of  the  ratifications  of  this  convention  for  con 
cluding  their  arrangements  and  presenting  evidence  of 
sufficient  capital  subscribed  to  accomplish  the  contemplated 
undertaking;  it  being  understood  that  if,  at  the  expiration 
of  the  aforesaid  period,  such  persons  or  company  be  not 
able  to  commence  and  carry  out  the  proposed  enterprize, 
then  the  Governments  of  the  United  States  and  Great 
Britain  shall  be  free  to  afford  their  protection  to  any  other 
persons  or  company  that  shall  be  prepared  to  commence 
and  proceed  with  the  construction  of  the  canal  in  question. 

ARTICLE    VIII 

The  Governments  of  the  United  States  and  Great  Britain 
having  not  only  desired,  in  entering  into  this  convention, 
to  accomplish  a  particular  object,  but  also  to  establish  a 
general  principle,  they  hereby  agree  to  extend  their  pro 
tection,  by  treaty  stipulations,  to  any  other  practicable  com 
munications,  whether  by  canal  or  railway,  across  the 
isthmus  which  connects  North  and  South  America,  and 
especially  to  the  interoceanic  communications,  should  the 
same  prove  to  be  practicable,  whether  by  oanal  or  railway, 
which  are  now  proposed  to  be  established  by  the  way  of 
Tehuantepec  or  Panama.  In  granting,  however,  their  joint 
protection  to  any  such  canals  or  railways  as  are  by  this 
article  specified,  it  is  always  understood  by  the  United 
States  and  Great  Britain  that  the  parties  constructing  or 
owning  the  same  shall  impose  no  other  charges  or  condi 
tions  of  traffic  thereupon  than  the  aforesaid  Governments 
shall  approve  of  as  just  and  equitable;  and  that  the  same 

256 


NATIONAL     DOCUMENTS 

canals  or  railways,  being  open  to  the  citizens  and  subjects 
of  the  United  States  and  Great  Britain  on  equal  terms, 
shall  also  be  open  on  like  terms  to  the  citizens  and  sub 
jects  of  every  other  State  which  is  willing  to  grant  thereto 
such  protection  as  the  United  States  and  Great  Britain 
engage  to  afford. 

ARTICLE    IX 

The  ratifications  of  this  convention  shall  be  exchanged 
at  Washington  within  six  months  from  this  day,  or  sooner 
if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries, 
have  signed  this  convention,  and  have  hereunto  affixed  our 
seals. 

Done  at  Washington  the  nineteenth  day  of  April,  anno 
Domini  one  thousand  eight  hundred  and  fifty. 

JOHN  M.  CLAYTON  [L.  s.] 

HENRY  LYTTON  BULWER    [L.  s.] 


257 


Compromise  of  1850 

CLAY'S  RESOLUTION 

It  being  desirable,  for  the  peace,  concord,  and  harmony 
of  the  Union  of  these  States,  to  settle  and  adjust  amicably 
all  existing  questions  of  controversy  between  them  arising 
out  of  the  institution  of  slavery  upon  a  fair,  equitable  and 
just  basis:  therefore, 

(1)  Resolved,  That  California,  with  suitable  boundaries, 
ought,  upon  her  application  to  be  admitted  as  one  of  the 
States  of  this  Union,  without  the  imposition  by  Congress 
of  any  restriction  in  respect  to  the  exclusion  or  introduc 
tion  of  slavery  within  those  boundaries. 

(2)  Resolved,  That  as  slavery  does  not  exist  by  law,  and 
is   not  likely  to   be   introduced   into   any  of  the  territory 
acquired  by  the  United  States  from  the  republic  of  Mexico, 
it  is  inexpedient  for  Congress  to  provide  by  law  either  for 
its  introduction  into,  or  exclusion  from,  any  part  of  the  said 
territory;    and    that    appropriate    territorial    governments 
ought  to  be  established  by  Congress  in  all  of  the  said  terri 
tory,  not  assigned  as  the  boundaries  of  the  proposed  State 
of  California,  without  the  adoption  of  any  restriction  or 
condition  on  the  subject  of  slavery. 

(3)  Resolved,  That  the  western  boundary  of  the  State 
of   Texas  ought  to   be   fixed  on  the   Rio  del  Norte,  com 
mencing  one  marine  league  from  its  mouth,  and  running 
up  that  river  to  the  southern  line  of  New  Mexico;  thence 
with  that  line  eastwardly,  and  so  continuing  in  the  same 
direction   to   the   line   as   established   between   the   United 
States  and  Spain,  excluding  any  portion  of  New  Mexico, 
whether  lying  on  the  east  or  west  of  that  river. 

(4)  Resolved,  That  it  be  proposed  to  the  State  of  Texas, 

258 


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that  the  United  States  will  provide  for  the  payment  of  all 
that  portion  of  the  legitimate  and  bona  fide  public  debt  of 
that  State  contracted  prior  to  its  annexation  to  the  United 
States,  and  for  which  the  duties  on  foreign  imports  were 
pledged  by  the  said  State  to  its  creditors,  not  exceeding 
the  sum  of  -  -  dollars,  in  consideration  of  the  said 

duties  so  pledged  having  been  no  longer  applicable  to  that 
object  after  the  said  annexation,  but  having  thenceforward 
become  payable  to  the  United  States;  and  upon  the  condi 
tion,  also,  that  the  said  State  of  Texas  shall,  by  some  solemn 
and  authentic  act  of  her  legislature  or  of  a  convention, 
relinquish  to  the  United  States  any  claim  which  it  has 
to  any  part  of  New  Mexico. 

(5)  Resolved,   That  it  is  inexpedient  to  abolish  slavery 
in  the  District  of  Columbia  whilst  that  institution  continues 
to  exist  in  the  State  of  Maryland,  without  the  consent  of 
that  State,  without  the  consent  of  the  people  of  the  Dis 
trict,  and  without  just  compensation  to  the  owners  of  slaves 
within  the  District. 

(6)  But,  resolved,  That  it  is  expedient  to  prohibit,  within 
the  District,  the  slave  trade  in  slaves  brought  into  it  from 
States  or  places  beyond  the  limits  of  the  District,   either 
to  be  sold  therein  as  merchandise,  or  to  be  transported  to 
other  markets  without  the  District  of  Columbia. 

(7)  Resolved,  That  more  effectual  provision  ought  to  be 
made  by  law,  according  to  the  requirement  of  the  constitu 
tion,  for  the  restitution  and  delivery  of  persons  bound  to 
service  or  labor  in  any  State,  who  may  escape  into  any  other 
State  or  Territory  in  the  Union.    And, 

(8)  Resolved,  That  Congress  has  no  power  to  prohibit 
or  obstruct  the  trade  in   slaves   between   the   slaveholding 
States ;  but  that  the  admission  or  exclusion  of  slaves  brought 
from  one  into  another  of  them,  depends  exclusively  upon 
their  own  particular  laws. 

259 


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RECAPITULATION     OF     THE     REPORT    OF    THE     COMMITTEE    OF 
THIRTEEN 

.    .    .    The  views  and  recommendations  contained  in  this 
report  may  be  recapitulated  in  a  few  words : 

( 1 )  The  admission  of  any  new  State  or  States  formed  out 
of  Texas  to  be  postponed  until  they  shall  hereafter  present 
themselves  to  be  received  into  the  Union,  when  it  will  be  the 
duty  of  Congress  fairly  and  faithfully  to  execute  the  com 
pact  with  Texas  by  admitting  such  new  State  or  States ; 

(2)  The    admission    forthwith    of    California    into    the 
Union,  with  the  boundaries  which  she  has  proposed ; 

(3)  The  establishment  of  territorial  governments,  with 
out  the  Wilmot  proviso,  for  New  Mexico  and  Utah,  embrac 
ing  all  the  territory  recently  acquired  by  the  United  States 
from  Mexico  not  contained  in  the  boundaries  of  California ; 

(4)  The  combination  of  these  two  last-mentioned  meas 
ures  in  the  same  bill ; 

(5)  The  establishment  of  the  western  and  northern  boun 
dary  of  Texas,  and  the  exclusion  from  her  jurisdiction  of 
all  New  Mexico,  with  the  grant  to  Texas  of  a  pecuniary 
equivalent;  and  the  section  for  that  purpose  to  be  incorpo 
rated    in   the    bill    admitting    California    and   establishing 
territorial  governments  for  Utah  and  New  Mexico; 

(6)  More    effectual    enactments    of    law   to    secure    the 
prompt  delivery  of  persons  bound  to  service  or  labor  in  one 
State,  under  the  laws  thereof,  who  escape  into  another  State ; 
and, 

(7)  Abstaining   from  abolishing  slavery;   but,  under  a 
heavy  penalty,  prohibiting  the  slave  trade  in  the  District 
of  Columbia. 


260 


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UTAH    ACT 


^  Be  it  enacted  by  the  Senate  and  House  of  Representa 
tives  of  the  United  States  of  America  in  Congress  assem 
bled,  That  all  that  part  of  the  territory  of  the  United  States 
included  within  the  following  limits,  to  wit:  bounded  on 
the  west  by  the  State  of  California,  on  the  north  by  the 
Territory  of  Oregon,  and  on  the  east  by  the  summit  of  the 
Rocky  Mountains,  and  on  the  south  by  the  thirty-seventh 
parallel  of  north  latitude,  be,  and  the  same  is  hereby,  cre 
ated  into  a  temporary  government,  by  the  name  of  the  Terri 
tory  of  Utah;  and,  when  admitted  as  a  State,  the  said 
Territory,  or  any  portion  of  the  same,  shall  be  received  into 
the  Union,  with  or  without  slavery,  as  their  constitution  may 
prescribe  at  the  time  of  their  admission:  Provided,  That 
nothing  in  this  act  contained  shall  be  construed  to  inhibit 
the  government  of  the  United  States  from  dividing  said 
Territory  into  two  or  more  Territories,  in  such  manner  and 
at  such  times  as  Congress  shall  deem  convenient  and  proper, 
or  from  attaching  any  portion  of  said  Territory  to  any  other 
State  or  Territory  of  the  United  States.  .  .  . 

Approved,  Sept.  9,  1850. 

TEXAS     AND     NEW  MEXICO     ACT 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  following  propositions  shall  be,  and  the  same 
hereby  are,  offered  to  the  State  of  Texas,  which,  when 
agreed  to  by  the  said  State,  in  an  act  passed  by  the  general 
assembly,  shall  be  binding  and  obligatory,  upon  the  United 
States,  and  upon  the  said  State  of  Texas:  Provided,  The 
said  agreement  by  the  said  general  assembly  shall  be  given 
on  or  before  the  first  day  of  December,  eighteen  hundred 
and  fifty: 

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FIRST.  The  State  of  Texas  will  agree  that  her  boundary 
on  the  north  shall  commence  at  the  point  at  which  the 
meridian  of  one  hundred  degrees  west  from  Greenwich  is 
intersected  by  the  parallel  of  thirty-six  degrees  thirty  min 
utes  north  latitude,  and  shall  run  from  said  point  due  west 
to  the  meridian  of  one  hundred  and  three  degrees  west  from 
Greenwich;  thence  her  boundary  shall  run  due  south  to 
the  thirty-second  degree  of  north  latitude;  thence  on  the 
said  parallel  of  thirty-two  degrees  of  north  latitude  to  the 
Rio  Bravo  del  Norte,  thence  with  the  channel  of  said  river 
to  the  Gulf  of  Mexico. 

SECOND.  The  State  of  Texas  cedes  to  the  United  States 
all  her  claim  to  territory  exterior  to  the  limits  and  boun 
daries  which  she  agrees  to  establish  by  the  first  article  of 
this  agreement. 

THIRD.  The  State  of  Texas  relinquishes  all  claim  upon 
the  United  States  for  liability  of  the  debts  of  Texas,  and 
for  compensation  or  indemnity  for  the  surrender  to  the 
United  States  of  her  ships,  forts,  arsenals,  custom-houses, 
custom-house  revenue,  arms  and  munitions  of  war,  and 
public  buildings  with  their  sites,  which  became  the  property 
of  the  United  States  at  the  time  of  the  annexation. 

FOURTH.  The  United  States,  in  consideration  of  said 
establishment  of  boundaries,  cession  of  claim  to  territory, 
relinquishment  of  claims,  will  pay  to  the  State  of  Texas 
the  sum  of  ten  millions  of  dollars  in  a  stock  bearing  five 
per  cent,  interest,  and  redeemable  at  the  end  of  fourteen 
years,  the  interest  payable  half-yearly  at  the  treasury  of 
the  United  States. 


SEC.  %  And  it  be  further  enacted,  That  all  that  portion 
of  the  Territory  of  the  United  States  bounded  as  follows: 
Beginning  at  a  point  in  the  Colorado  River  where  the 

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boundary  line  with  the  republic  of  Mexico  crosses  the  same ; 
thence  eastwardly  with  the  said  boundary  line  to  the  Rio 
Grande;  thence  following  the  main  channel  of  said  river 
to  the  parallel  of  the  thirty-second  degree  of  north  latitude ; 
thence  east  with  said  degree  to  its  intersection  with  the  one 
hundred  and  third  degree  of  longitude  west  of  Greenwich; 
thence  north  with  said  degree  of  longitude  to  the  parallel 
of  thirty-eighth  degree  of  north  latitude;  thence  west  with 
said  parallel  to  the  summit  of  the  Sierra  Madre;  thence 
south  with  the  crest  of  said  mountains  to  the  thirty-seventh 
parallel  of  north  latitude;  thence  west  with  said  parallel 
to  its  intersection  with  the  boundary  line  of  the  State  of 
California ;  thence  west  with  said  boundary  line  to  the  place 
of  beginning — be,  and  the  same  is  hereby,  erected  into  a  tem 
porary  government,  by  the  name  of  the  Territory  of  New 
Mexico:  Provided,  That  nothing  in  this  act  contained  shall 
be  construed  to  inhibit  the  government. of  the  United  States 
from  dividing  said  Territory  into  two  or  more  Territories, 
in  such  manner  and  at  such  times  as  Congress  shall  deem 
convenient  and  proper,  or  from  attaching  any  portion 
thereof  to  any  other  Territory  or  State:  And  provided  fur 
ther  That,  when  admitted  as  a  State,  the  said  Territory, 
or  any  portion  of  the  same  shall  be  received  into  the  Union, 
with  or  without  slavery,  as  their  constitution  may  prescribe 
at  the  time  of  their  admission.  .  .  . 
Approved,  September  9,  1850. 

CALIFORNIA    ACT 

Whereas  the  people  of  California  have  presented  a  con 
stitution  and  asked  admission  into  the  Union,  which  consti 
tution  was  submitted  to  Congress  by  the  President  of  the 
United  States  by  message  dated  February  thirteenth,  eigh 
teen  hundred  and  fifty,  and  which,  on  due  examination,  is 
found  to  be  republican  in  its  form  of  government. 

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NATIONAL     DOCUMENTS 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  State  of  California  shall  be  one,  and  is  hereby 
declared  to  be  one,  of  the  United  States  of  America;  and 
admitted  into  the  Union  on  an  equal  footing  with  the  orig 
inal  States  in  all  respects  whatever.  .  .  . 

Approved,  September  9,  1850. 

FUGITIVE     SLAVE     ACT 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  the  persons  who  have  been,  or  may  hereafter  be, 
appointed  commissioners,  in  virtue  of  any  act  of  Congress, 
by  the  Circuit  Courts  of  the  United  States,  and  who,  in  con 
sequence  of  such  appointment,  are  authorized  to  exercise 
the  powers  that  any  justice  of  the  peace,  or  other  magis 
trate  of  any  of  the  United  States,  may  exercise  in  respect 
to  offenders  for  any  crime  or  offense  against  the  United 
States,  by  arresting,  imprisoning,  or  bailing  the  same  under 
and  by  virtue  of  the  thirty-third  section  of  the  act  of  the 
twenty-fourth  of  September  seventeen  hundred  and  eighty- 
nine,  entitled  "  An  Act  to  establish  the  judicial  courts  of 
the  United  States  "  shall  be,  and  are  hereby,  authorized 
and  required  to  exercise  and  discharge  all  the  powers  and 
duties  conferred  by  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  Superior 
Court  of  each  organized  Territory  of  the  United  States 
shall  have  the  same  power  to  appoint  commissioners  to  take 
acknowledgments  of  bail  and  affidavits,  and  to  take  depo 
sitions  of  witnesses  in  civil  causes,  which  is  now  possessed 
by  the  Circuit  Court  of  the  United  States;  and  all  com 
missioners  who  shall  hereafter  be  appointed  for  such  pur 
poses  by  the  Superior  Court  of  any  organized  Territory  of 

264, 


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the  United  States,  shall  possess  all  the  powers,  and  exercise 
all  the  duties,  conferred  by  law  upon  the  commissioners 
appointed  by  the  Circuit  Courts  of  the  United  States  for 
similar  purposes,  and  shall  moreover  exercise  and  discharge 
all  the  powers  and  duties  conferred  by  this  act. 

SEC.  3.  And  be  it  further  enacted,  That  the  Circuit 
Courts  of  the  United  States  shall  from  time  to  time  enlarge 
the  number  of  the  commissioners,  with  a  view  to  afford  rea 
sonable  facilities  to  reclaim  fugitives  from  labor,  and  to  the 
prompt  discharge  of  the  duties  imposed  by  this  act. 

SEC.  4.  And  be  it  further  enacted,  That  the  commissioners 
above  named  shall  have  concurrent  jurisdiction  with  the 
judges  of  the  Circuit  and  District  Courts  of  the  United 
States,  in  their  respective  circuits  and  districts  within  the 
several  States,  and  the  judges  of  the  Superior  Courts  of  the 
Territories,  severally  and  collectively,  in  term-time  and 
vacation;  shall  grant  certificates  to  such  claimants,  upon 
satisfactory  proof  being  made,  with  authority  to  take  and 
remove  such  fugitives  from  service  or  labor,  under  the 
restrictions  herein  contained,  to  the  State  or  Territory  from 
which  such  persons  may  have  escaped  or  fled. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the, 
duty  of  all  marshals  and  deputy  marshals  to  obey  and  exe 
cute  all  warrants  and  precepts  issued  under  the  provisions  of 
this  act,  when  to  them  directed;  and  should  any  marshal  or 
deputy  marshal  refuse  to  receive  such  warrant,  or  other  pro 
cess,  when  tendered,  or  to  use  all  proper  means  diligently  to 
execute  the  same,  he  shall,  on  conviction  thereof,  be  fined 
in  the  sum  of  one  thousand  dollars,  to  the  use  of  such 
claimant,  on  the  motion  of  such  claimant,  by  the  Circuit 
or  District  Court  for  the  district  of  such  marshal; 
and  after  arrest  of  such  fugitive,  by  such  marshal  or  his 
deputy,  or  whilst  at  any  time  in  his  custody  under  the  pro 
visions  of  this  act,  should  such  fugitive  escape,  whether  with 

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N  AT IONAL     DOCUMENTS 

or  without  the  assent  of  such  marshal  or  his  deputy,  such 
marshal  shall  be  liable,  on  his  official  bond,  to  be  prosecuted 
for  the  benefit  of  such  claimant,  for  the  full  value  of  the 
Service  or  labor  of  said  fugitive  in  the  State,  Territory,  or 
District  whence  he  escaped:  and  the  better  to  enable  the 
said  commissioners,  when  thus  appointed,  to  execute  their 
duties  faithfully  and  efficiently,  in  conformity  with  the 
requirements  of  the  Constitution  of  the  United  States  and 
of  this  act,  they  are  hereby  authorized  and  empowered, 
within  their  counties  respectively,  to  appoint,  in  writing 
under  their  hands,  any  one  or  more  suitable  persons,  from 
time  to  time,  to  execute  all  such  warrants  and  other  process 
as  may  be  issued  by  them  in  the  lawful  performance  of  their 
respective  duties;  with  authority  to  such  commissioners,  or 
the  persons  to  be  appointed  by  them,  to  execute  process  as 
aforesaid,  to  summon  and  call  to  their  aid  the  bystanders, 
or  posse  comitatus  of  the  proper  county,  when  necessary 
to  ensure  a  faithful  observance  of  the  clause  of  the  Consti 
tution  referred  to,  in  conformity  with  the  provisions  of  this 
act;  and  all  good  citizens  are  hereby  commanded  to  aid  and 
assist  in  the  prompt  and  efficient  execution  of  this  law, 
whenever  their  services  may  be  required,  as  aforesaid,  for 
that  purpose;  and  said  warrants  shall  run,  and  be  executed 
by  said  officers,  any  where  in  the  State  within  which  they 
are  issued. 

SEC.  6.  And  be  it  further  enacted,  That  when  a  person 
held  to  service  or  labor  in  any  State  or  Territory  of  the 
United  States,  has  heretofore  or  shall  hereafter  escape 
into  another  State  or  Territory  of  the  United  States,  the 
person  or  persons  to  whom  such  service  or  labor  may  be  due, 
or  his,  her,  or  their  agent  or  attorney,  duly  authorized,  by 
power  of  attorney,  in  writing,  acknowledged  and  certified 
under  the  seal  of  some  legal  officer  or  court  of  the  State 
or  Territory  in  which  the  same  may  be  executed,  may  pur- 

266 


NATIONAL     DOCUMENTS 

sue  and  reclaim  such  fugitive  person,  either  by  procuring  a 
warrant  from  some  one  of  the  courts,  judges,  or  commis 
sioners  aforesaid,  of  the  proper  circuit,  district,  or  county, 
for  the  apprehension  of  such  fugitive  from  service  or  labor, 
or  by  seizing  and  arresting  such  fugitive,  where  the  same 
can  be  done  without  process,  and  by  taking,  or  causing 
such  person  to  be  taken,  forthwith  before  such  court,  judge, 
or  commissioner,  whose  duty  it  shall  be  to  hear  and 
determine  the  case  of  such  claimant  in  a  summary  manner; 
and  upon  satisfactory  proof  being  made,  by  deposition  or 
affidavit,  in  writing,  to  be  taken  and  certified  by  such  court, 
judge,  or  commissioner,  or  by  other  satisfactory  testimony, 
duly  taken  and  certified  by  some  court,  magistrate,  justice 
of  the  peace,  or  other  legal  officer  authorized  to  administer 
an  oath  and  take  depositions  under  the  laws  of  the  State 
or  Territory  from  which  such  person  owing  service  or  labor 
may  have  escaped,  with  a  certificate  of  such  magistracy  or 
other  authority,  as  aforesaid,  with  the  seal  of  the  proper 
court  or  officer  thereto  attached,  which  seal  shall  be  sufficient 
to  establish  the  competency  of  the  proof,  and  with  proof, 
also  by  affidavit,  of  the  identity  of  the  person  whose  ser 
vice  or  labor  is  claimed  to  be  due  as  aforesaid,  that  the 
person  so  arrested  does  in  fact  owe  service  or  labor  to  the 
person  or  persons  claiming  him  or  her,  in  the  State  or  Terri 
tory  from  which  such  fugitive  may  have  escaped  as  afore 
said,  and  that  said  person  escaped,  to  make  out  and  deliver 
to  such  claimant,  his  or  her  agent  or  attorney,  a  certificate 
setting  forth  the  substantial  facts  as  to  the  service  or  labor 
due  from  such  fugitive  to  the  claimant,  and  of  his  or  her 
escape  from  the  State  or  Territory  in  which  he  or  she  was 
arrested,  with  authority  to  such  claimant,  or  his  or  her 
agent  or  attorney,  to  use  such  reasonable  force  and  restraint 
as  may  be  necessary,  under  the  circumstances  of  the  case, 
to  take  and  remove  such  fugitive  person  back  to  the  State 

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or  Territory  whence  he  or  she  may  have  escaped  as  afore 
said.  In  no  trial  or  hearing  under  this  act  shall  the  testi 
mony  of  such  alleged  fugitive  be  admitted  in  evidence;  and 
the  certificates  in  this  and  the  first  [fourth]  section  men 
tioned,  shall  be  conclusive  of  the  right  of  the  person  or 
persons  in  whose  favor  granted,  to  remove  such  fugitive 
to  the  State  or  Territory  from  which  he  escaped,  and  shall 
prevent  all  molestation  of  such  person  or  persons  by  any 
process  issued  by  any  court,  judge,  magistrate,  or  other 
person  whomsoever. 

SEC.  7.  And  be  it  further  enacted,  That  any  person  who 
shall  knowingly  and  willingly  obstruct,  hinder,  or  prevent 
such  claimant,  his  agent  or  attorney,  or  any  person  or  per 
sons  lawfully  assisting  him,  her,  or  them,  from  arresting 
such  a  fugitive  from  service  or  labor,  either  with  or  without 
process  as  aforesaid,  or  shall  rescue,  or  attempt  to  rescue, 
such  fugitive  from  service  or  labor,  from  the  custody  of 
such  claimant,  his  or  her  agent  or  attorney,  or  other  person 
or  persons  lawfully  assisting  as  aforesaid,  when  so  arrested, 
pursuant  to  the  authority  herein  given  and  declared;  or 
shall  aid,  abet,  or  assist  such  person  so  owing  service  or  labor 
as  aforesaid,  directly  or  indirectly,  to  escape  from  such 
claimant,  his  agent  or  attorney,  or  other  person  or  persons 
legally  authorized  as  aforesaid;  or  shall  harbor  or  conceal 
such  fugitive,  so  as  to  prevent  the  discovery  and  arrest  of 
such  person,  after  notice  or  knowledge  of  the  fact  that 
such  person  was  a  fugitive  from  service  or  labor  as  afore 
said,  shall,  for  either  of  said  offences,  be  subject  to  a  fine 
not  exceeding  one  thousand  dollars,  and  imprisonment  not 
exceeding  six  months,  by  indictment  and  conviction  before 
the  District  Court  of  the  United  States  for  the  district  in 
which  such  offence  may  have  been  committed,  or  before  the 
proper  court  of  criminal  jurisdiction,  if  committed  within 
any  one  of  the  organized  Territories  of  the  United  States; 

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and  shall  moreover  forfeit  and  pay,  by  way  of  civil  damages 
to  the  party  injured  by  such  illegal  conduct,  the  sum  of  one 
thousand  dollars  for  each  fugitive  so  lost  as  aforesaid,  to 
be  recovered  by  action  of  debt,  in  any  of  the  District  or 
Territorial  Courts  aforesaid,  within  whose  jurisdiction  the 
said  offence  may  have  been  committed. 

SEC.  8.  And  be  it  further  enacted,  That  the  marshals, 
their  deputies,  and  the  clerks  of  the  said  District  and  Terri 
torial  Courts,  shall  be  paid,  for  their  services,  the  like  fees 
as  may  be  allowed  for  similar  services  in  other  cases;  and 
where  such  services  are  rendered  exclusively  in  the  arrest, 
custody,  and  delivery  of  the  fugitive  to  the  claimant,  his 
or  her  agent  or  attorney,  or  where  such  supposed  fugitive 
may  be  discharged  out  of  custody  for  the  want  of  sufficient 
proof  as  aforesaid,  then  such  fees  are  to  be  paid  in  whole 
by  such  claimant,  his  or  her  agent  or  attorney;  and  in  all 
cases  where  the  proceedings  are  before  a  commissioner, 
he  shall  be  entitled  to  a  fee  of  ten  dollars  in  full  for  his 
services  in  each  case,  upon  the  delivery  of  the  said  certifi 
cate  to  the  claimant,  his  agent  or  attorney;  or  a  fee  of  five 
dollars  in  cases  where  the  proof  shall  not,  in  the  opinion 
of  such  commissioner,  warrant  such  certificate  and  delivery, 
inclusive  of  all  services  incident  to  such  arrest  and  examin 
ation,  to  be  paid,  in  either  case,  by  the  claimant,  his  or  her 
agent  or  attorney.  The  person  or  persons  authorized  to 
execute  the  process  to  be  issued  by  such  commissioner  for 
the  arrest  and  detention  of  fugitives  from  service  or  labor 
as  aforesaid,  shall  also  be  entitled  to  a  fee  of  five  dollars 
each  for  each  person  he  or  they  may  arrest  and  take  before 
any  commissioner  as  aforesaid,  at  the  instance  and  request 
of  such  claimant,  with  such  other  fees  as  may  be  deemed 
reasonable  by  such  commissioner  for  such  other  additional 
services  as  may  be  necessarily  performed  by  him  or  them; 
such  as  attending  at  the  examination,  keeping  the  fugitive 

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in  custody,  and  providing  him  with  food  and  lodging  during 
his  detention,  and  until  the  final  determination  of  such 
commissioners;  and,  in  general,  for  performing  such  other 
duties  as  may  be  required  by  such  claimant,  his  or  her 
attorney  or  agent,  or  commissioner  in  the  premises,  such 
fees  to  be  made  up  in  conformity  with  the  fees  usually 
charged  by  the  officers  of  the  courts  of  justice  within  the 
proper  district  or  county,  as  near  as  may  be  practicable, 
and  paid  by  such  claimants,  their  agents  or  attorneys, 
whether  such  supposed  fugitives  from  service  or  labor  be 
ordered  to  be  delivered  to  such  claimant  by  the  final  deter 
mination  of  such  commissioner  or  not. 

SEC.  9.  And  be  it  further  enacted,  That,  upon  affidavit 
made  by  the  claimant  of  such  fugitive,  his  agent  or  attorney, 
after  such  certificate  has  been  issued,  that  he  has  reason 
to  apprehend  that  such  fugitive  will  be  rescued  by  force 
from  his  or  their  possession  before  he  can  be  taken  beyond 
the  limits  of  the  State  in  which  the  arrest  is  made,  it  shall  be 
the  duty  of  the  officer  making  the  arrest  to  retain  such  fugi 
tive  in  his  custody,  and  to  remove  him  to  the  State  whence 
he  fled,  and  there  to  deliver  him  to  said  claimant,  his  agent, 
or  attorney.  And  to  this  end,  the  officer  aforesaid  is  hereby 
authorized  and  required  to  employ  so  many  persons  as  he 
may  deem  necessary  to  overcome  such  force,  and  to  retain 
them  in  his  service  so  long  as  circumstances  may  require. 
The  said  officer  and  his  assistants,  while  so  employed,  to 
receive  the  same  compensation,  and  to  be  allowed  the  same 
expenses,  as  are  now  allowed  by  law  for  transportation 
of  criminals,  to  be  certified  by  the  judge  of  the  district 
within  which  the  arrest  is  made,  and  paid  out  of  the  treas 
ury  of  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  when  any  per 
son  held  to  service  or  labor  in  any  State  or  Territory,  or  in 
the  District  of  Columbia,  shall  escape  therefrom,  the  party 

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to  whom  such  service  or  labor  shall  be  due,  his,  her,  or  their 
agent  or  attorney,  may  apply  to  any  court  of  record 
therein,  or  judge  thereof  in  vacation,  and  make  satisfactory 
proof  to  such  court,  or  judge  in  vacation,  of  the  escape 
aforesaid,  and  that  the  person  escaping  owed  service  or 
labor  to  such  party.  Whereupon  the  court  shall  cause  a 
record  to  be  made  of  the  matters  so  proved,  and  also  a 
general  description  of  the  person  so  escaping,  with  such  con 
venient  certainty  as  may  be ;  and  a  transcript  of  such  record, 
authenticated  by  the  attestation  of  the  clerk  and  of  the 
seal  of  the  said  court,  being  produced  in  any  other  State, 
Territory,  or  district  in  which  the  person  so  escaping  may 
be  found,  and  being  exhibited  to  any  judge,  commissioner, 
or  other  officer  authorized  by  the  law  of  the  United  States 
to  cause  persons  escaping  from  service  or  labor  to  be  deliv 
ered  up,  shall  be  held  and  taken  to  be  full  and  conclusive 
evidence  of  the  fact  of  escape,  and  that  the  service  or  labor 
of  the  person  escaping  is  due  to  the  party  in  such  record 
mentioned.  And  upon  the  production  by  the  said  party 
of  other  and  further  evidence  if  necessary,  either  oral  or 
by  affidavit,  in  addition  to  what  is  contained  in  the  said  rec 
ord  of  the  identity  of  the  person  escaping,  he  or  she  shall 
be  delivered  up  to  the  claimant.  And  the  said  court,  com 
missioner,  judge,  or  other  person  authorized  by  this  act 
to  grant  certificates  to  claimants  of  fugitives,  shall,  upon  the 
production  of  the  record  and  other  evidences  aforesaid, 
grant  to  such  claimant  a  certificate  of  his  right  to  take  any 
such  person  identified  and  proved  to  be  owing  service  or 
labor  as  aforesaid,  which  certificate  shall  authorize  such 
claimant  to  seize  or  arrest  and  transport  such  person  to  the 
State  or  Territory  from  which  he  escaped:  Provided,  That 
nothing  herein  contained  shall  be  construed  as  requiring 
the  production  of  a  transcript  of  such  record  as  evidence  as 
aforesaid.  But  in  its  absence  the  claim  shall  be  heard  and 

27-1 


NATIONAL     DOCUMENTS 

determined  upon  other  satisfactory  proofs,  competent  in 
law. 

Approved,  September  18,  1850. 


ACT    TO     SUPPRESS    THE     SLAVE     TRADE     IN     THE     DISTRICT    OF 
COLUMBIA 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled , 
That  from  and  after  the  first  day  of  January,  eighteen 
hundred  and  fifty-one,  it  shall  not  be  lawful  to  bring  into 
the  District  of  Columbia  any  slave  whatever,  for  the  pur 
pose  of  being  sold,  or  for  the  purpose  of  being  placed  in 
depot,  to  be  subsequently  transferred  to  any  other  State 
or  place  to  be  sold  as  merchandize.  And  if  any  slave  shall 
be  brought  into  the  said  District  by  its  owner,  or  by  the 
authority  or  consent  of  its  owner,  contrary  to  the  provi 
sions  of  this  act,  such  slave  shall  thereupon  become  liber 
ated  and  free. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  and  may 
be  lawful  for  each  of  the  corporations  of  the  cities  of  Wash 
ington  and  Georgetown,  from  time  to  time,  and  as  often  as 
may  be  necessary,  to  abate,  break  up,  and  abolish  any  depot  or 
place  of  confinement  of  slaves  brought  into  the  said  District 
as  merchandize,  contrary  to  the  provisions  of  this  act,  by  such 
appropriate  means  as  may  appear  to  either  of  the  said 
corporations  expedient  and  proper.  And  the  same  power  is 
hereby  vested  in  the  Levy  Court  of  Washington  county, 
if  any  attempt  shall  be  made,  within  its  jurisdictional  limits, 
to  establish  a  depot  or  place  of  confinement  for  slaves 
brought  into  the  said  District  as  merchandize  for  sale  con 
trary  to  this  act. 

Approved,  September  20,  1850. 


272 


Treaty  with  Meocico  1858 

Treaty  of  Limits,  Isthmus  Transit,  &c.,  between  the 
United  States  of  America  and  the  Republic  of  Mexico,  Con 
cluded  at  Mexico,  December  30,  1853;  Ratification  Advised 
by  Senate,  with  Amendments,  April  25,  1854;  Ratified  by 
President,  June  29,  1854;  Ratifications  Exchanged  at 
Washington,  June  30,  1854;  Proclaimed  June  30,  1854. 

In  the  name  of  Almighty  God. 

The  Republic  of  Mexico  and  the  United  States  of 
America,  desiring  to  remove  every  cause  of  disagreement 
which  might  interfere  in  any  manner  with  the  better 
friendship  and  intercourse  between  the  two  countries,  and 
especially  in  respect  to  the  true  limits  which  should  be 
established,  when,  notwithstanding  what  was  covenanted 
in  the  treaty  of  Guadalupe  Hidalgo  in  the  year  1848,  op 
posite  interpretations  have  been  urged,  which  might  give 
occasion  to  questions  of  serious  moment:  To  avoid  these, 
and  to  strengthen  and  more  firmly  maintain  the  peace  which 
happily  prevails  between  the  two  republics,  the  President 
of  the  United  States  has,  for  this  purpose,  appointed  James 
Gadsden,  Envoy  Extraordinary  and  Minister  Plenipoten 
tiary  of  the  same  near  the  Mexican  Government,  and  the 
President  of  Mexico  has  appointed  as  Plenipotentiary  "ad 
hoc"  his  excellency  Don  Manuel  Diez  de  Bonilla,  cavalier 
grand  cross  of  the  national  and  distinguished  order  of 
Guadalupe,  and  Secretary  of  State  and  of  the  office  of 
Foreign  Relations,  and  Don  Jose  Salazar  Ylarregui  and 
General  Mariano  Monterde,  as  scientific  commissioners,  in 
vested  with  full  powers  for  this  negotiation;  who,  having 
communicated  their  respective  full  powers,  and  finding 

273 


NATIONAL     DOCUMENTS 

them  in  due  and  proper  form,  have  agreed  upon  the  arti 
cles  following: 

ARTICLE    I 

The  Mexican  Republic  agrees  to  designate  the  follow 
ing  as  her  true  limits  with  the  United  States  for  the  future: 
Retaining  the  same  dividing  line  between  the  two  Cali- 
f  ornias  as  already  defined  and  established,  according  to  the 
5th  article  of  the  treaty  of  Guadalupe  Hidalgo,  the  limits 
between  the  two  republics  shall  be  as  follows:  Beginning 
in  the  Gulf  of  Mexico,  three  leagues  from  land,  opposite 
the  mouth  of  the  Rio  Grande,  as  provided  in  the  fifth  arti 
cle  of  the  treaty  of  Guadalupe  Hidalgo ;  thence,  as  defined 
in  the  said  article,  up  the  middle  of  that  river  to  the  point 
where  the  parallel  of  31°  47'  north  latitude  crosses  the 
same;  thence  due  west  one  hundred  miles;  thence  south  to 
the  parallel  of  31°  20'  north  latitude;  thence  along  the 
said  parallel  of  31°  20'  to  the  lllth  meridian  of  longitude 
west  of  Greenwich;  thence  in  a  straight  line  to  a  point  on 
the  Colorado  River  twenty  English  miles  below  the  junc 
tion  of  the  Gila  and  Colorado  Rivers ;  thence  up  the.  middle 
of  the  said  river  Colorado  until  it  intersects  the  present 
line  between  the  United  States  and  Mexico. 

For  the  performance  of  this  portion  of  the  treaty,  each 
of  the  two  Governments  shall  nominate  one  commissioner, 
to  the  end  that,  by  common  consent,  the  two  thus  nominated, 
having  met  in  the  city  of  Paso  del  Norte,  three  months 
after  the  exchange  of  the  ratifications  of  this  treaty,  may 
proceed  to  survey  and  mark  out  upon  the  land  the  dividing 
line  stipulated  by  this  article,  where  it  shall  not  have  al 
ready  been  surveyed  and  established  by  the  mixed  com 
mission,  according  to  the  treaty  of  Guadalupe,  keeping  a 
journal  and  making  proper  plans  of  their  operations.  For 
this  purpose,  if  they  should  judge  it  necessary,  the  con- 

274 


NATIONAL     DOCUMENTS 

tracting  parties  shall  be  at  liberty  each  to  unite  to  its 
respective  commissioner  scientific  or  other  assistants,  such 
as  astronomers  and  surveyors,  whose  concurrence  shall  not 
be  considered  necessary  for  the  settlement  and  ratification 
of  a  true  line  of  division  between  the  two  republics;  that 
line  shall  be  alone  established  upon  which  the  commis 
sioners  may  fix,  their  consent  in  this  particular  being  con 
sidered  decisive  and  an  integral  part  of  this  treaty,  without 
necessity  of  ulterior  ratification  or  approval,  and  without 
room  for  interpretation  of  any  kind  by  either  of  the  parties 
contracting. 

The  dividing  line  thus  established  shall,  in  all  time,  be 
faithfully  respected  by  the  two  Governments,  without  any 
variation  therein,  unless  of  the  express  and  free  consent  of 
the  two,  given  in  conformity  to  the  principles  of  the  law 
of  nations,  and  in  accordance  with  the  constitution  of  each 
country,  respectively. 

In  consequence,  the  stipulation  in  the  5th  article  of  the 
treaty  of  Guadalupe  upon  the  boundary  line  therein 
described  is  no  longer  of  any  force,  wherein  it  may  con 
flict  with  that  here  established,  the  said  line  being  con 
sidered  annulled  and  abolished  wherever  it  may  not  coin 
cide  with  the  present,  and  in  the  same  manner  remaining 
in  full  force  where  in  accordance  with  the  same. 

ARTICLE    II 

The  Government  of  Mexico  hereby  releases  the  United 
States  from  all  liability  on  account  of  the  obligations  con 
tained  in  the  eleventh  article  of  the  treaty  of  Guadalupe 
Hidalgo;  and  the  said  article  and  the  thirty-third  article 
of  the  treaty  of  amity,  commerce,  and  navigation  between 
the  United  States  of  America  and  the  United  Mexican 
States,  concluded  at  Mexico  on  the  fifth  day  of  April, 
1831,  are  hereby  abrogated. 

275 


NATIONAL     DOCUMENTS 

ARTICLE    III 

In  consideration  of  the  foregoing  stipulations,  the  Gov 
ernment  of  the  United  States  agrees  to  pay  the  Govern 
ment  of  Mexico,  in  the  city  of  New  York,  the  sum  of  ten 
millions  of  dollars,  of  which  seven  millions  shall  be  paid 
immediately  upon  the  exchange  of  the  ratifications  of  this 
treaty,  and  the  remaining  three  millions  as  soon  as  the 
boundary  line  shall  be  surveyed,  marked,  and  established. 

ARTICLE   IV 

The  provisions  of  the  6th  and  7th  articles  of  the  treaty 
of  Guadalupe  Hidalgo  having  been  rendered  nugatory  for 
the  most  part  by  the  cession  of  territory  granted  in  the 
first  article  of  this  treaty,  the  said  articles  are  hereby  ab 
rogated  and  annulled,  and  the  provisions  as  herein  ex 
pressed  substituted  therefor.  The  vessels  and  citizens  of 
the  United  States  shall  in  all  time,  have  free  and  uninter 
rupted  passage  through  the  Gulf  of  California,  to  and  from 
their  possessions  situated  north  of  the  boundary  line  of  the 
two  countries.  It  being  understood  that  this  passage  is  to 
be  by  navigating  the  Gulf  of  California  and  the  river  Colo 
rado,  and  not  by  land,  without  the  express  consent  of  the 
Mexican  Government;  and  precisely  the  same  provisions, 
stipulations,  and  restrictions,  in  all  respects,  are  hereby 
agreed  upon  and  adopted,  and  shall  be  scrupulously  ob 
served  and  enforced,  by  the  two  contracting  Governments, 
in  reference  to  the  Rio  Colorado,  so  far  and  for  such  dis 
tance  as  the  middle  of  that  river  is  made  their  common 
boundary  line  by  the  first  article  of  this  treaty. 

The  several  provisions,  stipulations,  and  restrictions 
contained  in  the  7th  article  of  the  treaty  of  Guadalupe 
Hidalgo  shall  remain  in  force  only  so  far  as  regards  the 

276 


NATIONAL     DOCUMENTS 

Rio  Bravo  del  Norte,  below  the  initial  of  the  said  boundary 
provided  in  the  first  article  of  this  treaty;  that  is  to  say, 
below  the  intersection  of  the  31°  47'  30"  parallel  of  lati 
tude,  with  the  boundary  line  established  by  the  late  treaty 
dividing  said  river  from  its  mouth  upwards,  according  to 
the  5th  article  of  the  treaty  of  Guadalupe. 

ARTICLE  v 

All  the  provisions  of  the  eighth  and  ninth,  sixteenth  and 
seventeenth  articles  of  the  treaty  of  Guadalupe  Hidalgo, 
shall  apply  to  the  territory  ceded  by  the  Mexican  Repub 
lic  in  the  first  article  of  the  present  treaty,  and  to  all  the 
rights  of  persons  and  property,  both  civil  and  ecclesiasti 
cal,  within  the  same,  as  fully  and  as  effectually  as  if  the 
said  articles  were  herein  again  recited  and  set  forth. 

ARTICLE  VI 

No  grants  of  land  within  the  territory  ceded  by  the  first 
article  of  this  treaty  bearing  date  subsequent  to  the  day — 
twenty-fifth  of  September — when  the  Minister  and  sub 
scriber  to  this  treaty  on  the  part  of  the  United  States  pro 
posed  to  the  Government  of  Mexico  to  terminate  the  ques 
tion  of  boundary,  will  be  considered  valid  or  be  recognized 
by  the  United  States,  or  will  any  grants  made  previously 
be  respected  or  be  considered  as  obligatory  which  have  not 
been  located  and  duly  recorded  in  the  archives  of  Mexico. 

ARTICLE    VII 

Should  there  at  any  future  period  (which  God  forbid) 
occur  any  disagreement  between  the  two  nations  which 
might  lead  to  a  rupture  of  their  relations  and  reciprocal 

277 


NATIONAL     DOCUMENTS 

peace,  they  bind  themselves  in  like  manner  to  procure  by 
every  possible  method  the  adjustment  of  every  difference; 
and  should  they  still  in  this  manner  not  succeed,  never  will 
they  proceed  to  a  declaration  of  war  without  having  pre 
viously  paid  attention  to  what  has  been  set  forth  in  article 
21  of  the  treaty  of  Guadalupe  for  similar  cases;  which 
article,  as  well  as  the  22d,  is  here  re-affirmed. 


ARTICLE    VIII 

The  Mexican  Government  having  on  the  5th  of  Febru 
ary,  1853,  authorized  the  early  construction  of  a  plank  and 
railroad  across  the  Isthmus  of  Tehuantepec,  and,  to  secure 
the  stable  benefits  of  said  transit  way  to  the  persons  and 
merchandize  of  the  citizens  of  Mexico  and  the  United 
States,  it  is  stipulated  that  neither  Government  will  inter 
pose  any  obstacle  to  the  transit  of  persons  and  merchan 
dize  of  both  nations;  and  at  no  time  shall  higher  charges 
be  made  on  the  transit  of  persons  and  property  of  citizens 
of  the  United  States  than  may  be  made  on  the  persons  and 
property  of  other  foreign  nations,  nor  shall  any  interest  in 
said  transit  way,  nor  in  the  proceeds  thereof,  be  transferred 
to  any  foreign  government. 

The  United  States,  by  its  agents,  shall  have  the  right 
to  transport  across  the  isthmus,  in  closed  bags,  the  mails 
of  the  United  States  not  intended  for  distribution  along  the 
line  of  communication;  also  the  effects  of  the  United 
States  Government  and  its  citizens,  which  may  be  intended 
for  transit,  and  not  for  distribution  on  the  isthmus,  free 
of  custom-house  or  other  charges  by  the  Mexican  Govern 
ment.  Neither  passports  nor  letters  of  security  will  be  re 
quired  of  persons  crossing  the  isthmus  and  not  remaining 
in  the  country. 

When  the  construction  of  the  railroad  shall  be  completed, 
278 


NATIONAL     DOCUMENTS 

the  Mexican  Government  agrees  to  open  a  port  of  entry 
in  addition  to  the  port  of  Vera  Cruz,  at  or  near  the  terminus 
of  said  road  on  the  Gulf  of  Mexico. 

The  two  Governments  will  enter  into  arrangements  for 
the  prompt  transit  of  troops  and  munitions  of  the  Unit 
States,  which  that  Government  may  have  occasion  to  ser 
from  one  part  of  its  territory  to  another,  lying  on  opposite 
sides  of  the  continent. 

The  Mexican  Government  having  agreed  to  protect  with 
its  whole  power  the  prosecution,  preservation,  and  security 
of  the  work,  the  United  States  may  extend  its  protection 
as  it  shall  judge  wise  to  it  when  it  may  feel  sanctioned  and 
warranted  by  the  public  or  international  law. 

ARTICLE    IX 

This  treaty  shall  be  ratified,  and  the  respective  ratifi 
cations  shall  be  exchanged  at  the  city  of  Washington  within 
the  exact  period  of  six  months  from  the  date  of  its  signa 
ture,  or  sooner  if  possible. 

In  testimony  whereof  we,  the  Plenipotentiaries  of  the 
contracting  parties,  have  hereunto  affixed  our  hands  and 
seals  at  Mexico,  the  thirtieth  (30th)  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-three,  in  the  thirty-third  year  of  the  Independence  of 
the  Mexican  Republic,  and  the  seventy-eighth  of  that  of 
the  United  States. 

JAMES  GADSDEN  [L.  s.] 

MANUEL  DIEZ  DE  BONILLA  [L.  s.] 
JOSE  SALAZAR  YLARREGUI  [L.  s.] 
J.  MARIANO  MONTERDE  [L.  s.] 


279 


Kansas- Nebraska  Act  1854 

\Be  it  enacted  by  the  Senate  and  House  of  Representa- 
ives  of  the  United  States  of  America  in  Congress  as 
sembled,  That  all  that  part  of  the  territory  of  the  United 
States  included  within  the  following  limits,  except  such 
portions  thereof  as  are  hereinafter  expressly  exempted 
from  the  operations  of  this  act,  to  wit :  beginning  at  a  point 
in  the  Missouri  River  where  the  fortieth  parallel  of  north 
latitude  crosses  the  same;  thence  west  on  said  parallel  to 
the  east  boundary  of  the  Territory  of  Utah,  on  the  summit 
of  the  Rocky  Mountains ;  thence  on  said  summit  northward 
to  the  forty-ninth  parallel  of  north  latitude;  thence  east 
on  said  parallel  to  the  western  boundary  of  the  territory 
of  Minnesota;  thence  southward  on  said  boundary  to  the 
Missouri  River;  thence  down  the  main  channel  of  said 
river  to  the  place  of  beginning,  be,  and  the  same  is  hereby, 
created  into  a  temporary  government  by  the  name  of  the 
Territory  of  Nebraska;  and  when  admitted  as  a  State  or 
States,  the  said  Territory,  or  any  portion  of  the  same,  shall 
be  received  into  the  Union  with  or  without  slavery,  as  their 
constitution  may  prescribe  at  the  time  of  their  admission: 
Provided,  That  nothing  in  this  act  contained  shall  be  con 
strued  to  inhibit  the  government  of  the  United  States  from 
dividing  said  Territory  into  two  or  more  Territories,  in 
such  manner  and  at  such  times  as  Congress  shall  deem 
convenient  and  proper,  or  from  attaching  any  portion  of 
said  Territory  to  any  other  State  or  Territory  of  the 
United  States:  Provided  further,  That  nothing  in  this  act 
contained  shall  be  construed  to  impair  the  rights  of  person 
or  property  now  pertaining  to  the  Indians  in  said  Terri 
tory,  so  long  as  sucji  rights  shall  remain  unextinguished  by 

280 


NATIONAL     DOCUMENTS 

treaty  between  the  United  States  and  such  Indians,  or  to 
include  any  territory  which,  by  treaty  with  any  Indian 
tribe,  is  not,  without  the  consent  of  said  tribe,  to  be  in 
cluded  within  the  territorial  limits  or  jurisdiction  of  any 
State  or  Territory;  but  all  such  territory  shall  be  excepted 
out  of  the  boundaries  and  constitute  no  part  of  the  Terri 
tory  of  Nebraska,  until  said  tribe  shall  signify  their  assent 
to  the  President  of  the  United  States  to  be  included  within 
the  said  Territory  of  Nebraska,  or  to  affect  the  authority 
of  the  government  of  the  United  States  to  make  any  regu 
lations  respecting  such  Indians,  their  lands,  property,  or 
other  rights,  by  treaty,  law,  or  otherwise,  which  it  would 
have  been  competent  to  the  government  to  make  if  this  act 
had  never  passed. 


SEC.  10.  And  be  it  further  enacted,  That  the  provisions 
of  the  act  entitled  "  An  act  respecting  fugitives  from 
justice,  and  persons  escaping  from  the  service  of  their 
masters,"  approved  February  twelfth,  seventeen  hundred 
and  ninety-three,  and  the  provisions  of  the  act  entitled 
"  An  act  to  amend,  and  supplementary  to,  the  aforesaid 
act,"  approved  September  eighteenth,  eighteen  hundred 
and  fifty,  be,  and  the  same  are  hereby,  declared  to  extend 
to  and  be  in  full  force  within  the  limits  of  the  said  Terri 
tory  of  Nebraska. 


SEC.  14.  And  be  it  further  enacted,  .  .  .  That  the  Con 
stitution,  and  all  laws  of  the  United  States  which  are  not 
locally  inapplicable,  shall  have  the  same  force  and  effect 
within  the  said  Territory  of  Nebraska  as  elsewhere  within 
the  United  States,  except  the  eighth  section  of  the  act  pre 
paratory  to  the  admission  of  Missouri  into  the  Union,  ap- 

281 


NATIONAL     DOCUMENTS 

proved  March  sixth,  eighteen  hundred  and  twenty,  which, 
being  inconsistent  with  the  principle  of  non-intervention  by 
Congress  with  slavery  in  the  States  and  Territories,  as 
recognized  by  the  legislation  of  eighteen  hundred  and  fifty, 
commonly  called  the  Compromise  Measures,  is  hereby  de 
clared  inoperative  and  void;  it  being  the  true  intent  and 
meaning  of  this  act  not  to  legislate  slavery  into  any  Terri 
tory  or  State,  nor  to  exclude  it  therefrom,  but  to  leave  the 
people  thereof  perfectly  free  to  form  and  regulate  their 
domestic  institutions  in  their  own  way,  subject  only  to  the 
Constitution  of  the  United  States:  Provided,  That  nothing 
herein  contained  shall  be  construed  to  revive  or  put  in  force 
any  law  or  regulation  which  may  have  existed  prior  to  the 
act  of  sixth  of  March,  eighteen  hundred  and  twenty,  either 
protecting,  establishing,  prohibiting,  or  abolishing  slavery. 
[The  provisions  relating  to  Kansas  follow  and,  with  the 
exception  of  the  substitution  of  Kansas  for  Nebraska,  are 
identical  with  the  matter  here  given.] 


282 


Lincoln  s  First  Inaugural  Address  1861 

Fellow-citizens  of  the  United  States:  In  compliance  with 
a  custom  as  old  as  the  Government  itself ,  I  appear  before 
you  to  address  you  briefly,  and  to  take  in  your  presence  the 
oath  prescribed  by  the  Constitution  of  the  United  States  to 
be  taken  by  the  President  "  before  he  enters  on  the  execu 
tion  of  his  office." 

I  do  not  consider  it  necessary  at  present  for  me  to  discuss 
those  matters  of  administration  about  which  there  is  no 
special  anxiety  or  excitement. 

Apprehension  seems  to  exist  among  the  people  of  the 
Southern  States  that  by  the  accession  of  a  Republican  Ad 
ministration  their  property  and  their  peace  and  personal 
security  are  to  be  endangered.  There  has  never  been  any 
reasonable  cause  for  such  apprehension.  Indeed,  the  most 
ample  evidence  to  the  contrary  has  all  the  while  existed  and 
been  open  to  their  inspection.  It  is  found  in  nearly  all  the 
published  speeches  of  him  who  now  addresses  you.  I  do 
but  quote  from  one  of  those  speeches  when  I  declare  that 
"  I  have  no  purpose,  directly  or  indirectly,  to  interfere  with 
the  institution  of  slavery  in  the  States  where  it  exists.  I 
believe  I  have  no  lawful  right  to  do  so,  and  I  have  no 
inclination  to  do  so."  Those  who  nominated  and  elected  me 
did  so  with  full  knowledge  that  I  had  made  this  and  many 
similar  declarations,  and  had  never  recanted  them.  And, 
more  than  this,  they  placed  in  the  platform  for  my  accept 
ance,  and  as  a  law  to  themselves  and  to  me,  the  clear  and 
emphatic  resolution  which  I  now  read: 

"Resolved,  That  the  maintenance  inviolate  of  the  rights 
of  the  States,  and  especially  the  right  of  each  State  to  order 
and  control  its  own  domestic  institutions  according  to  its 
own  judgment  exclusively,  is  essential  to  that  balance  of 

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power  on  which  the  perfection  and  endurance  of  our  polit 
ical  fabric  depend,  and  we  denounce  the  lawless  invasion 
by  armed  force  of  the  soil  of  any  State  or  Territory,  no 
matter  under  what  pretext,  as  among  the  gravest  of  crimes." 

I  now  reiterate  these  sentiments ;  and,  in  doing  so,  I  only 
press  upon  the  public  attention  the  most  conclusive  evidence 
of  which  the  case  is  susceptible,  that  the  property,  peace, 
and  security  of  no  section  are  to  be  in  any  wise  endangered 
by  the  now  incoming  Administration.  I  add,  too,  that  all 
the  protection  which,  consistently  with  the  Constitution  and 
the  laws,  can  be  given,  will  be  cheerfully  given  to  all  the 
States  when  lawfully  demanded,  for  whatever  cause — as 
cheerfully  to  one  section,  as  to  another. 

There  is  much  controversy  about  the  delivering  up  of 
fugitives  from  service  or  labor.  The  clause  I  now  read  is 
as  plainly  written  in  the  Constitution  as  any  other  of  its 
provisions : 

"  No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall  in  consequence 
of  any  law  or  regulation  therein  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due." 

It  is  scarcely  questioned  that  this  provision  was  intended 
by  those  who  made  it  for  the  reclaiming  of  what  we  call 
fugitive  slaves;  and  the  intention  of  the  lawgiver  is  the  law. 
All  Members  of  Congress  swear  their  support  to  the  whole 
Constitution — to  this  provision  as  much  as  to  any  other. 
To  the  proposition,  then,  that  slaves  whose  cases  come  within 
the  terms  of  this  clause,  "  shall  be  delivered  up,"  their  oaths 
are  unanimous.  Now,  if  they  would  make  the  effort  in  good 
temper,  could  they  not  with  nearly  equal  unanimity  frame 
and  pass  a  law  by  means  of  which  to  keep  good  that  unan 
imous  oath? 

There  is  some  difference  of  opinion  whether  this  clause 
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should  be  enforced  by  national  or  by  State  authority;  but 
surely  that  difference  is  not  a  very  material  one.  If  the 
slave  is  to  be  surrendered,  it  can  be  of  but  little  consequence 
to  him,  or  to  others,  by  which  authority  it  is  done.  And 
should  any  one,  in  any  case,  be  content  that  his  oath  shall 
go  unkept,  on  a  merely  unsubstantial  controversy  as  to  how 
it  shall  be  kept? 

Again,  in  any  law  upon  this  subject,  ought  not  all  the 
safeguards  of  liberty  known  in  civilized  and  humane  juris 
prudence  to  be  introduced  so  that  a  free  man  be  not,  in 
any  case,  surrendered  as  a  slave  ?  And  might  it  not  be  well 
at  the  same  time  to  provide  by  law  for  the  enforcement  of 
that  clause  in  the  Constitution  which  guarantees  that  "  the 
citizen  of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States  "  ? 

I  take  the  official  oath  to-day  with  no  mental  reservations 
and  with  no  purpose  to  construe  the  Constitution  or  laws  by 
any  hypercritical  rules.  And  while  I  do  not  choose  now 
to  specify  particular  acts  of  Congress  as  proper  to  be 
enforced,  I  do  suggest  that  it  will  be  much  safer  for  all, 
both  in  official  and  private  stations,  to  conform  to  and  abide 
by  all  those  acts  which  stand  unrepealed,  than  to  violate  any 
of  them  trusting  to  find  impunity  in  having  them  held  to  be 
unconstitutional. 

It  is  seventy-two  years  since  the  first  inauguration  of  a 
President  under  our  National  Constitution.  During  that 
period  fifteen  different  and  greatly  distinguished  citizens 
have,  in  succession,  administered  the  Executive  branch  of 
the  Government.  They  have  conducted  it  through  many 
perils,  and  generally  with  great  success.  Yet,  with  all  this 
scope  of  precedent,  I  now  enter  upon  the  same  task  for 
the  brief  constitutional  term  of  four  years  under  great  and 
peculiar  difficulty.  A  disruption  of  the  Federal  Union,  here 
tofore  only  menaced,  is  now  formidably  attempted. 

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NATIONAL     DOCUMENTS 

I  hold  that,  in  contemplation  of  universal  law  and  of  the 
Constitution,  the  Union  of  these  States  is  perpetual.  Per 
petuity  is  implied,  if  not  expressed,  in  the  fundamental  law 
of  all  national  governments.  It  is  safe  to  assert  that  no 
government  proper  ever  had  a  provision  in  its  organic  law 
for  its  own  termination.  Continue  to  execute  all  the  express 
provisions  of  our  National  Constitution,  and  the  Union  will 
endure  forever — it  being  impossible  to  destroy  it  except  by 
some  action  not  provided  for  in  the  instrument  itself. 

Again,  if  the  United  States  be  not  a  Government  proper, 
but  an  association  of  States  in  the  nature  of  contract  merely, 
can  it,  as  a  contract,  be  peaceably  unmade  by  less  than  all 
the  parties  who  made  it?  One  party  to  a  contract  may 
violate  it — break  it,  so  to  speak,  but  does  it  not  require  all 
to  lawfully  rescind  it? 

Descending  from  these  general  principles,  we  find  the 
proposition  that,  in  legal  contemplation,  the  Union  is  per 
petual,  confirmed  by  the  history  of  the  Union  itself.  The 
Union  is  much  older  than  the  Constitution.  It  was  formed, 
in  fact,  by  the  Articles  of  Association  in  1774.  It  was 
matured  and  continued  by  the  Declaration  of  Independence 
in  1776.  It  was  further  matured,  and  the  faith  of  all  the 
then  thirteen  States  expressly  plighted  and  engaged  that 
it  should  be  perpetual,  by  the  Articles  of  Confederation  in 
1778.  And,  finally,  in  1787,  one  of  the  declared  objects  for 
ordaining  and  establishing  the  Constitution  was,  "to  form 
a  more  perfect  Union/' 

But  if  the  destruction  of  the  Union  by  one,  or  by  a  part 
only,  of  the  States  be  lawfully  possible,  the  Union  is  less 
perfect  than  before  the  Constitution,  having  lost  the  vital 
element  of  perpetuity. 

It  follows  from  these  views  that  no  State,  upon  its  own 
mere  motion,  can  lawfully  get  out  of  the  Union;  that 
resolves  and  ordinances  to  that  effect  are  legally  void;  and 

286 


NATIONAL     DOCUMENTS 

that  acts  of  violence,  within  any  State  or  States,  against  the 
authority  of  the  United  States,  are  insurrectionary  or  revo 
lutionary,  according  to  circumstances. 

I  therefore  consider  that,  in  view  of  the  Constitution  and 
the  laws,  the  Union  is  unbroken;  and  to  the  extent  of  my 
ability  I  shall  take  care,  as  the  Constitution  itself  expressly 
enjoins  upon  me,  that  the  laws  of  the  Union  be  faithfully 
executed  in  all  of  the  States.  Doing  this  I  deem  to  be  only 
a  simple  duty  on  my  part;  and  I  shall  perform  it,  so  far 
as  practicable,  unless  my  rightful  masters,  the  American 
people,  shall  withhold  the  requisite  means,  or  in  some 
authoritative  manner  direct  the  contrary.  I  trust  this  will 
not  be  regarded  as  a  menace,  but  only  as  the  declared  pur 
pose  of  the  Union  that  it  will  constitutionally  defend  and 
maintain  itself. 

In  doing  this  there  needs  to  be  no  bloodshed  or  violence; 
and  there  shall  be  none,  unless  it  be  forced  upon  the  national 
authority.  The  power  confided  to  me  will  be  used  to  hold, 
occupy,  and  possess  the  property  and  places  belonging  to 
the  Government,  and  to  collect  the  duties  and  imposts;  but 
beyond  what  may  be  necessary  for  these  objects,  there  will 
be  no  invasion,  no  using  of  force  against  or  among  the 
people  anywhere.  Where  hostility  to  the  United  States,  in 
any  interior  locality,  shall  be  so  great  and  universal  as  to 
prevent  competent  resident  citizens  from  holding  the  Fed 
eral  offices,  there  will  be  no  attempt  to  force  obnoxious 
strangers  among  the  people  for  that  object.  While  the 
strict  legal  right  may  exist  in  the  Government  to  enforce  the 
exercise  of  these  offices,  the  attempt  to  do  so  would  be  so  irri 
tating,  and  so  nearly  impracticable  withal,  that  I  deem  it 
better  to  forego  for  the  time  the  uses  of  such  offices. 

The  mails,  unless  repelled,  will  continue  to  be  furnished 
in  all  parts  of  the  Union.  So  far  as  possible,  the  people 
everywhere  shall  have  that  sense  of  perfect  security  which 

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NATIONAL     DOCUMENTS 

is  most  favorable  to  calm  thought  and  reflection.  The 
course  here  indicated  will  be  followed  unless  current  events 
and  experience  shall  show  a  modification  or  change  to  be 
proper,  and  in  every  case  and  exigency  my  best  discretion 
will  be  exercised  according  to  circumstances  actually  exist 
ing,  and  with  a  view  and  a  hope  of  a  peaceful  solution  of 
the  national  troubles,  and  the  restoration  of  fraternal  sym 
pathies  and  affections. 

That  there  are  persons  in  one  section  or  another  who  seek 
to  destroy  the  Union  at  all  events,  and  are  glad  of  any 
pretext  to  do  it,  I  will  neither  affirm  nor  deny;  but  if  there 
be  such,  I  need  address  no  word  to  them.  To  those,  however, 
who  really  love  the  Union  may  I  not  speak? 

Before  entering  upon  so  grave  a  matter  as  the  destruc 
tion  of  our  national  fabric,  with  all  its  benefits,  its  memories, 
and  its  hopes,  would  it  not  be  wise  to  ascertain  precisely 
why  we  do  it?  Will  you  hazard  so  desperate  a  step  while 
there  is  any  possibility  that  any  portion  of  the  ills  you  fly 
from  have  no  real  existence?  Will  you,  while  the  certain 
ills  you  fly  to  are  greater  than  all  the  real  ones  you  fly 
from — will  you  risk  the  commission  of  so  fearful  a  mistake  ? 

All  profess  to  be  content  in  the  Union,  if  all  constitu 
tional  rights  can  be  maintained.  Is  it  true,  then,  that  any 
right,  plainly  written  in  the  Constitution,  has  been  denied? 
I  think  not.  Happily  the  human  mind  is  so  constituted,  that 
no  party  can  reach  to  the  audacity  of  doing  this.  Think, 
if  you  can,  of  a  single  instance  in  which  a  plainly  written 
provision  of  the  Constitution  has  ever  been  denied.  If  by 
the  mere  force  of  numbers  a  majority  should  deprive  a 
minority  in  any  clearly  written  constitutional  right,  it  might, 
in  a  moral  point  of  view,  justify  revolution — certainly  would 
if  such  a  right  were  a  vital  one.  But  such  is  not  our  case. 
All  the  vital  rights  of  minorities  and  of  individuals  are  so 
plainly  assured  to  them  by  affirmations  and  negations,  guar- 

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NATIONAL     DOCUMENTS 

antics  and  prohibitions,  in  the  Constitution,  that  controver 
sies  never  arise  concerning  them.  But  no  organic  law  can 
ever  be  framed  with  a  provision  specifically  applicable  to 
every  question  which  may  occur  in  practical  administration. 
No  foresight  can  anticipate,  nor  any  document  of  reasonable 
length  contain,  express  provisions  for  all  possible  questions. 
Shall  fugitives  from  labor  be  surrendered  by  national  or 
by  State  authority?  The  Constitution  does  not  expressly 
say.  May  Congress  prohibit  slavery  in  the  Territories? 
The  Constitution  does  not  expressly  say.  Must  Congress 
protect  slavery  in  the  Territories?  The  Constitution  does 
not  expressly  say. 

From  questions  of  this  class  spring  all  our  constitutional 
controversies,  and  we  divide  upon  them  into  majorities  and 
minorities.  If  the  minority  will  not  acquiesce,  the  majority 
must,  or  the  Government  must  cease.  There  is  no  other 
alternative;  for  continuing  the  Government  is  acquiescence 
on  one  side  or  the  other. 

If  a  minority  in  such  case  will  secede  rather  than 
acquiesce,  they  make  a  precedent  which  in  turn  will  divide 
and  ruin  them;  for  a  minority  of  their  own  will  secede  from 
them  whenever  a  majority  refuses  to  be  controlled  by  such 
minority.  For  instance,  why  may  not  any  portion  of  a  new 
confederacy  a  year  or  two  hence  arbitrarily  secede  again, 
precisely  as  portions  of  the  present  Union  now  claim  to 
secede  from  it?  All  who  cherish  disunion  sentiments  are 
now  being  educated  to  the  exact  temper  of  doing  this. 

Is  there  such  perfect  identity  of  interests  among  the 
States  to  compose  a  new  Union  as  to  produce  harmony  only, 
and  prevent  renewed  secession? 

Plainly,  the  central  idea  of  secession  is  the  essence  of 
anarchy.  A  majority  held  in  restraint  by  constitutional 
checks  and  limitations,  and  always  changing  easily  with 
deliberate  changes  of  popular  opinions  and  sentiments,  is 

28Q 


NATIONAL     DOCUMENTS 

the  only  true  sovereign  of  a  free  people.  Whoever  rej  ects  it 
does,  of  necessity,  fly  to  anarchy  or  to  despotism.  Una 
nimity  is  impossible ;  the  rule  of  a  minority,  as  a  permanent 
arrangement,  is  wholly  inadmissible;  so  that,  rejecting  the 
majority  principle,  anarchy  or  despotism  in  some  form  is 
all  that  is  left. 

I  do  not  forget  the  position,  assumed  by  some,  that  con 
stitutional  questions  are  to  be  decided  by  the  Supreme  Court ; 
nor  do  I  deny  that  such  decisions  must  be  binding,  in  any 
case,  upon  the  parties  to  a  suit,  as  to  the  object  of  that 
suit,  while  they  are  also  entitled  to  very  high  respect  and 
consideration  in  all  parallel  cases  by  all  other  departments 
of  the  Government.  And  while  it  is  obviously  possible  that 
such  decision  may  be  erroneous  in  any  given  case,  still  the 
evil  effect  following  it,  being  limited  to  that  particular  case, 
with  the  chance  that  it  may  be  overruled  and  never  become 
a  precedent  for  other  cases,  can  better  be  borne  than  could 
the  evils  of  a  different  practice.  At  the  same  time,  the  can 
did  citizen  must  confess  that  if  the  policy  of  the  Govern 
ment,  upon  vital  questions  affecting  the  whole  people,  is  to 
be  irrevocably  fixed  by  decisions  of  the  Supreme  Court,  the 
instant  they  are  made,  in  ordinary  litigation  between  parties 
in  personal  actions,  the  people  will  have  ceased  to  be  their 
own  rulers,  having  to  that  extent  practically  resigned  their 
government  into  the  hands  of  that  eminent  tribunal.  Nor 
is  there  in  this  view  any  assault  upon  the  court  or  the  judges. 
It  is  a  duty  from  which  they  may  not  shrink  to  decide  cases 
properly  brought  before  them,  and  it  is  no  fault  of  theirs 
if  others  seek  to  turn  their  decisions  to  political  purposes. 

One  section  of  our  country  believes  slavery  is  right,  and 
ought  to  be  extended,  while  the  other  believes  it  is  wrong, 
and  ought  not  to  be  extended.  This  is  the  only  substantial 
dispute.  The  fugitive-slave  clause  of  the  Constitution,  and 
the  law  for  the  suppression  of  the  foreign  slave  trade,  are 

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each  as  well  enforced,  perhaps,  as  any  law  can  ever  be  in 
a  community  where  the  moral  sense  of  the  people  imper 
fectly  supports  the  law  itself.  The  great  body  of  the  people 
abide  by  the  dry  legal  obligation  in  both  cases,  and  a  few 
break  over  in  each.  This,  I  think,  cannot  be  perfectly  cured ; 
and  it  would  be  worse  in  both  cases  after  the  separation  of 
the  sections,  than  before.  The  foreign  slave  trade,  now 
imperfectly  suppressed,  would  be  ultimately  revived  without 
restriction,  in  one  section;  while  fugitive  slaves,  now  only 
partially  surrendered,  would  not  be  surrendered  at  all  by 
the  other. 

Physically  speaking,  we  cannot  separate.  We  cannot 
remove  our  respective  sections  from  each  other,  nor  build  an 
impassable  wall  between  them.  A  husband  and  wife  may 
be  divorced,  and  go  out  of  the  presence  and  beyond  the 
reach  of  each  other;  but  the  different  parts  of  our  country 
cannot  do  this.  They  cannot  but  remain  face  to  face,  and 
intercourse,  either  amicable  or  hostile,  must  continue  between 
them.  Is  it  possible,  then,  to  make  that  intercourse  more 
advantageous  or  more  satisfactory  after  separation  than 
before?  Can  aliens  make  treaties  easier  than  friends  can 
make  laws?  Can  treaties  be  more  faithfully  enforced 
between  aliens  than  laws  can  among  friends  ?  Suppose  you 
go  to  war,  you  cannot  fight  always;  and  when,  after  much 
loss  on  both  sides,  and  no  gain  on  either,  you  cease  fight 
ing,  the  identical  old  questions  as  to  terms  of  intercourse 
are  again  upon  you. 

This  country,  with  its  institutions,  belongs  to  the  people 
who  inhabit  it.  Whenever  they  shall  grow  weary  of  the 
existing  Government,  they  can  exercise  their  constitutional 
right  of  amending  it,  or  their  revolutionary  right  to  dis 
member  or  overthrow  it.  I  cannot  be  ignorant  of  the  fact 
that  many  worthy  and  patriotic  citizens  are  desirous  of 
having  the  National  Constitution  amended.  While  I  make 

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no  recommendation  of  amendments,  I  fully  recognize  the 
rightful  authority  of  the  people  over  the  whole  subject,  to 
be  exercised  in  either  of  the  modes  prescribed  in  the  instru 
ment  itself;  and  I  should,  under  existing  circumstances, 
favor  rather  than  oppose  a  fair  opportunity  being  afforded 
the  people  to  act  upon  it.  I  will  venture  to  add  that  to 
me  the  convention  mode  seems  preferable,  in  that  it  allows 
amendments  to  originate  with  the  people  themselves, 
instead  of  only  permitting  them  to  take  or  reject  proposi 
tions  originated  by  others,  not  especially  chosen  for  the  pur 
pose,  and  which  might  not  be  precisely  such  as  they  would 
wish  to  either  accept  or  refuse.  I  understand  a  proposed 
amendment  to  the  Constitution — which  amendment,  however, 
I  have  not  seen — has  passed  Congress,  to  the  effect  that  the 
Federal  Government  shall  never  interfere  with  the  domestic 
institutions  of  the  States,  including  that  of  persons  held 
to  service.  To  avoid  misconstruction  of  what  I  have  said, 
I  depart  from  my  purpose,  not  to  speak  of  particular  amend 
ments,  so  far  as  to  say  that,  holding  such  a  provision  to 
now  be  implied  constitutional  law,  I  have  no  objection  to 
its  being  made  express  and  irrevocable. 

The  Chief  Magistrate  derives  all  his  authority  from  the 
people,  and  they  have  conferred  none  upon  him  to  fix  terms 
for  the  separation  of  the  States.  The  people  themselves 
can  do  this  also  if  they  choose;  but  the  Executive,  as  such, 
has  nothing  to  do  with  it.  His  duty  is  to  administer  the 
present  Government,  as  it  came  to  his  hands,  and  to  transmit 
it,  unimpaired  by  him,  to  his  successor. 

Why  should  there  not  be  a  patient  confidence  in  the  ulti 
mate  justice  of  the  people?  Is  there  any  better  or  equal 
hope  in  the  world?  In  our  present  differences  is  either 
party  without  faith  of  being  in  the  right?  If  the  Almighty 
Ruler  of  Nations,  with  his  eternal  truth  and  justice,  be  on 
your  side  of  the  North,  or  on  yours  of  the  South,  that  truth 

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NATIONAL     DOCUMENTS 

and  that  justice  will  surely  prevail  by  the  judgment  of  this 
great  tribunal  of  the  American  people. 

By  the  frame  of  the  Government  under  which  we  live, 
this  same  people  have  wisely  given  their  public  servants  but 
little  power  for  mischief;  and  have,  with  equal  wisdom, 
provided  for  the  return  of  that  little  to  their  own  hands 
at  very  short  intervals.  While  the  people  retain  their 
virtue  and  vigilance,  no  administration,  by  any  extreme  of 
wickedness  or  folly,  can  very  seriously  injure  the  govern 
ment  in  the  short  space  of  four  years. 

My  countrymen,  one  and  all,  think  calmly  and  well  upon 
this  whole  subject.  Nothing  valuable  can  be  lost  by  taking 
time.  If  there  be  an  object  to  hurry  any  of  you  in  hot 
haste  to  a  step  which  you  would  never  take  deliberately,  that 
object  will  be  frustrated  by  taking  time;  but  no  good  object 
can  be  frustrated  by  it.  Such  of  you  as  are  now  dissatis 
fied,  still  have  the  old  Constitution  unimpaired,  and,  on  the 
sensitive  point,  the  laws  of  your  own  framing  under  it; 
while  the  new  Administration  will  have  no  immediate  power, 
if  it  would,  to  change  either.  If  it  were  admitted  that  you 
who  are  dissatisfied  hold  the  right  side  in  the  dispute,  there 
still  is  no  single  good  reason  for  precipitate  action.  Intelli 
gence,  patriotism,  Christianity,  and  a  firm  reliance  on  Him 
who  has  never  yet  forsaken  this  favored  land  are  still  com 
petent  to  adjust,  in  the  best  way,  all  our  present  difficulty. 

In  your  hands,  my  dissatisfied  fellow-countrymen,  and  not 
in  mine,  is  the  momentous  issue  of  civil  war.  The  Govern 
ment  will  not  assail  you.  You  can  have  no  conflict  without 
being  yourselves  the  aggressors.  You  have  no  oath  regis 
tered  in  Heaven  to  destroy  the  Government,  while  I  shall 
have  the  most  solemn  one  to  "  preserve,  protect,  and 
defend  it." 

I  am  loth  to  close.  We  are  not  enemies,  but  friends. 
We  must  not  be  enemies.  Though  passion  may  have  strained, 

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it  must  not  break  our  bonds  of  affection.  The  mystic  chords 
of  memory,  stretching  from  every  battle-field  and  patriot 
grave  to  every  living  heart  and  hearthstone  all  over  this 
broad  land,  will  yet  swell  the  chorus  of  the  Union,  when 
again  touched,  as  surely  they  will  be,  by  the  better  angels 
of  our  nature. 


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Constitution  of  the   Confederate  States  of 
America  1861 

We,  the  people  of  the  Confederate  States,  each  State 
acting  in  its  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  government,  establish  justice, 
insure  domestic  tranquility,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity — invoking  the  favor 
and  guidance  of  Almighty  God — do  ordain  and  establish 
this  Constitution  for  the  Confederate  States  of  America. 


ARTICLE     I 

SECTION  1  All  legislative  powers  herein  delegated  shall 
be  vested  in  a  Congress  of  the  Confederate  States,  which 
shall  consist  of  a  Senate  and  a  House  of  Representatives. 

SECTION  2  (1)  The  House  of  Representatives  shall  be 
composed  of  members  chosen  every  second  year  by  the  peo 
ple  of  the  several  States ;  and  the  electors  in  each  State  shall 
be  citizens  of  the  Confederate  States,  and  have  the  qualifica 
tions  requisite  for  electors  of  the  most  numerous  branch  of 
the  State  Legislature;  but  no  person  of  foreign  birth,  not  a 
citizen  of  the  Confederate  States,  shall  be  allowed  to  vote 
for  any  officer,  civil  or  political,  State  or  Federal. 

(2)  No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

(3)  Representatives   and   direct   taxes    shall   be    appor 
tioned  among  the  several  States,  which  may  be  included 
within  this  Confederacy,  according  to  their  respective  num- 

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bers,  which  shall  be  determined,  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  slaves.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress 
of  the  Confederate  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law  di 
rect.  The  number  of  Representatives  shall  not  exceed  one 
for  every  fifty  thousand,  but  each  State  shall  have  at  least 
one  Representative;  and  until  such  enumeration  shall  be 
made,  the  State  of  South  Carolina  shall  be  entitled  to 
choose  six;  the  State  of  Georgia  ten;  the  State  of  Alabama 
nine;  the  State  of  Florida  two;  the  State  of  Mississippi 
seven;  the  State  of  Louisiana  six;  and  the  State  of  Texas 
six. 

(4)  When  vacancies  happen  in  the  representation  from 
any  State,  the  Executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

(5)  The   House   of   Representatives    shall   choose   their 
Speaker  and  other  officers;  and  shall  have  the  sole  power 
of  impeachment;  except  that  any  judicial  or  other  Federal 
officer,  resident  and  acting  solely  within  the  limits  of  any 
State,  may  be  impeached  by  a  vote  of  two-thirds  of  both 
branches  of  the  Legislature  thereof. 

SECTION  3  (1)  The  Senate  of  the  Confederate  States 
shall  be  composed  of  two  Senators  from  each  State,  chosen 
for  six  years  by  the  Legislature  thereof,  at  the  regular  ses 
sion  next  immediately  preceding  the  commencement  of  the 
term  of  service;  and  each  Senator  shall  have  one  vote. 

(2)  Immediately  after  they  shall  be  assembled,  in  con 
sequence  of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year;  of  the  second  class  at  the  expiration 

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of  the  fourth  year;  and  of  the  third  class  at  the  expira 
tion  of  the  sixth  year;  so  that  one-third  may  be  chosen 
every  second  year ;  and  if  vacancies  happen  by  resignation, 
or  otherwise,,  during  the  recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  appoint 
ments  until  the  next  meeting  of  the  Legislature  which  shall 
then  fill  such  vacancies. 

(3)  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  be  a  citizen  of  the 
Confederate  States;  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  the  State  for  which  he  shall  be  chosen. 

(4)  The  Vice  President  of  the  Confederate  States  shall 
be  President  of  the  Senate,  but  shall  have  no  vote  unless 
they  be  equally  divided. 

(5)  The   Senate   shall   choose   their  other   officers;    and 
also  a  President  pro  tempore  in  the  absence  of  the  Vice 
President,  or  when  he  shall  exercise  the  office  of  President 
of  the  Confederate  States. 

(6)  The   Senate   shall  have  power  to  try  all  impeach 
ments.     When  sitting  for  that  purpose,  they  shall  be  on 
oath  or  affirmation.     When  the  President  of  the  Confeder 
ate  States  is  tried,  the  Chief  Justice  shall  preside;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

(7)  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust,  or  profit,  under 
the    Confederate    States;    but    the    party    convicted    shall, 
nevertheless,    be    liable    and    subject   to    indictment,    trial, 
judgment  and  punishment  according  to  law. 

SECTION  4(1)  The  times,  places  and  manner  of  holding 
elections  for  Senators  and  Representatives,  shall  be  pre 
scribed  in  each  State  by  the  Legislature  thereof,  subject  to 
the  provisions  of  this  Constitution;  but  the  Congress  may, 

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at  any  time,  by  law,  make  or  alter  such  regulations,  except 
as  to  the  times  and  places  of  choosing  Senators. 

(2)  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  different 
day. 

SECTION  5  (1)  Each  House  shall  be  the  judge  of  the 
elections,  returns,  and  qualifications  of  its  own  members, 
and  a  majority  of  each  shall  constitute  a  quorum  to  do  busi 
ness  ;  but  a  smaller  number  may  adj  ourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties  as  each 
House  may  provide. 

(2)  Each  House  may  determine  the  rules  of  its  proceed 
ings,  punish  its  members  for  disorderly  behavior,  and  with 
the  concurrence  of  two-thirds  of  the  whole  number,  expel 
a  member. 

(3)  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secrecy;  and  the 
yeas   and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

(4)  Neither    House,    during   the    session    of    Congress, 
shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  Houses  shall  be  sitting. 

SECTION  6  (1)  The  Senators  and  Representatives  shall 
receive  a  compensation  for  their  services,  to  be  ascertained 
by  law,  and  paid  out  of  the  treasury  of  the  Confederate 
States.  They  shall,  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  session  of  their  respective  Houses, 
and  in  going  to  and  returning  from  the  same;  and  for  any 

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speech  or  debate  in  either  House,  they  shall  not  be  ques 
tioned  in  any  other  place. 

(2)  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  Confederate  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time;  and  no  person  holding 
any  office  under  the  Confederate  States  shall  be  a  member 
of  either  House  during  his  continuance  in  office.  But  Con 
gress  may,  by  law,  grant  to  the  principal  officer  in  each  of 
the  Executive  Departments  a  seat  upon  the  floor  of  either 
House,  with  the  privilege  of  discussing  any  measure  ap 
pertaining  to  his  department. 

SECTION  7(1)  All  bills  for  raising  revenue  shall  origin 
ate  in  the  House  of  Representatives;  but  the  Senate  may 
propose  or  concur  with  the  amendments,  as  on  other  bills. 

(2)  Every  bill  which  shall  have  passed  both  Houses, 
shall,  before  it  becomes  a  law,  be  presented  to  the  Presi 
dent  of  the  Confederate  States;  if  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it,  with  his  objections, 
to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two-thirds 
of  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  House,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases,  the  votes  of  both  Houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of  each 
House  respectively.  If  any  bill  shall  not  be  returned  by 
the  President  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Con- 


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gress  by  their  adjournment  prevent  its  return;  in  which 
case  it  shall  not  be  a  law.  The  President  may  approve 
any  appropriation  and  disapprove  any  other  appropriation 
in  the  same  bill.  In  such  case  he  shall,  in  signing  the  bill, 
designate  the  appropriations  disapproved;  and  shall  return 
a  copy  of  such  appropriations,  with  his  objections,  to  the 
House  in  which  the  bill  shall  have  originated;  and  the 
same  proceedings  shall  then  be  had  as  in  case  of  other  bills 
disapproved  by  the  President. 

(3)  Every  order,  resolution,  or  vote,  to  which  the  con 
currence  of  both  Houses  may  be  necessary  (except  on  a 
question  of  adjournment),  shall  be  presented  to  the  Presi 
dent  of  the  Confederate  States;  and  before  the  same  shall 
take  effect,  shall  be  approved  by  him;  or  being  disapproved 
by  him,  shall  be  repassed  by  two-thirds  of  both  Houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of 
a  bill. 

SECTION  8.  The  Congress  shall  have  power — 

(1)  To  lay  and  collect  taxes,  duties,  imposts,  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide    for  the 
common  defence,  and  carry  on  the  government  of  the  Con 
federate  States;  but  no  bounties  shall  be  granted  from  the 
treasury ;  nor  shall  any  duties  or  taxes  on  importations  from 
foreign  nations  be  laid  to  promote  or  foster  any  branch  of 
industry;  and  all  duties,  imposts,  and  excises  shall  be  uni 
form  throughout  the  Confederate  States: 

(2)  To  borrow  money  on  the  credit  of  the  Confederate 
States : 

(3)  To   regulate   commerce   with    foreign   nations,   and 
among  the  several  States,  and  with  the  Indian  tribes;  but 
neither  this,  nor  any  other  clause  contained  in  the  consti 
tution,  shall  ever  be  construed  to  delegate  the  power  to 
Congress  to  appropriate  money  for  any  internal  improve 
ment  intended  to  facilitate  commerce,  except  for  the  pur- 

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pose  of  furnishing  lights,  beacons,  and  buoys,  and  other 
aids  to  navigation  upon  the  coasts,  and  the  improvement 
of  harbors  and  the  removing  of  obstructions  in  river  navi 
gation,  in  all  which  cases,  such  duties  shall  be  laid  on  the 
navigation  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof: 

(4)  To   establish   uniform   laws   of   naturalization,   and 
uniform  laws  on  the  subject  of  bankruptcies,  throughout 
the  Confederate  States;  but  no  law  of  Congress  shall  dis 
charge  any  debt  contracted  before  the  passage  of  the  same; 

(5)  To  coin  money,  regulate  the  value  thereof  and  of 
foreign  coin,  and  fix  the  standard  of  weights   and  meas 
ures: 

(6)  To   provide   for   the   punishment   of  counterfeiting 
the  securities  and  current  coin  of  the  Confederate  States: 

(7)  To   establish   post-offices   and   post-routes;   but   the 
expenses  of  the  Post-Office  Department,  after  the  first  day 
of  March  in  the  year  of  our  Lord  eighteen  hundred  and 
sixty-three,  shall  be  paid  out  of  its  own  revenue: 

(8)  To    promote    the   progress    of    science    and    useful 
arts,  by  securing  for  limited  times  to  authors  and  inventors 
the  exclusive  right  to  their  respective  writings   and  dis 
coveries  : 

(9)  To    constitute    tribunals    inferior    to    the    Supreme 
Court : 

(10)  To  define  and  punish  piracies  and  felonies  com 
mitted  on  the  high  seas,  and  offences  against  the  law  of 
nations : 

(11)  To  declare  war,  grant  letters  of  marque  and  re 
prisal,  and  make  rules  concerning  captures   on  land  and 
water : 

(12)  To  raise  and  support  armies;  but  no  appropria 
tion  of  money  to  that  use  shall  be  for  a  longer  term  than 
two  years: 

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(13)  To  provide  and  maintain  a  navy: 

(14)  To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces: 

(15)  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Confederate  States,  suppress  insurrections, 
and  repel  invasions: 

(16)  To  provide  for  organizing,  arming,  and  disciplin 
ing  the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  Confederate  States,  re 
serving  to  the  States,  respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according 
to  the  discipline  prescribed  by  Congress: 

(17)  To  exercise  exclusive  legislation,  in  all  cases  what 
soever,  over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  one  or  more  States  and  the  accept 
ance  of  Congress,  become  the  seat  of  the  Government  of 
the  Confederate  States:  and  to  exercise  like  authority  over 
all  places  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  build 
ings:  and 

(18)  To  make   all   laws  which   shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the  Gov 
ernment  of  the  Confederate  States,  or  in  any  department 
or  officer  thereof. 

SECTION  9  (1)  The  importation  of  negroes  of  the  Afri 
can  race,  from  any  foreign  country  other  than  the  slave- 
holding  States  or  Territories  of  the  United  States  of  Amer 
ica,  is  hereby  forbidden;  and  Congress  is  required  to  pass 
such  laws  as  shall  effectually  prevent  the  same. 

(2)  Congress  shall  also  have  power  to  prohibit  the  in 
troduction  of  slaves  from  any  State  not  a  member  of,  or 
Territory  not  belonging  to,  this  Confederacy. 

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(3)  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

(4)  No  bill  of  attainder,  or  ex  post  facto  law,  or  law 
denying   or   impa[i]ring   the   right   of   property   in   negro 
slaves  shall  be  passed. 

(5)  No  capitation  or  other  direct  tax  shall  be  laid,  un 
less  in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

(6)  No  tax  or  duty  shall  be  laid  upon  articles  exported 
from  any  State,  except  by  a  vote  of  two-thirds  of  both 
Houses. 

(7)  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those  of 
another. 

(8)  No  money  shall  be  drawn  from  the  treasury,  but 
in  consequence  of  appropriations  made  by  law;  and  a  regu 
lar  statement  and  account  of  the  receipts  and  expenditures 
of    all    public    money    shall    be    published    from    time    to 
time. 

(9)  Congress    shall    appropriate    no    money    from    the 
treasury  except  by  a  vote  of  two-thirds  of  both  Houses, 
taken  by  yeas  and  nays,  unless  it  be  asked  and  estimated 
for  by  some  one  of  the  heads  of  departments,  and  sub 
mitted  to  Congress  by  the  President;  or  for  the  purpose 
of  paying  its  own  expenses  and  contingencies;  or  for  the 
payment   of    claims    against   the    Confederate    States,    the 
justice  of  which  shall  have  been  judicially  declared  by  a 
tribunal  for  the  investigation  of  claims  against  the  govern 
ment,  which  it  is   hereby  made  the  duty  of   Congress   to 
establish. 

(10)  All    bills    appropriating    money    shall    specify    in 
federal  currency  the  exact  amount  of  each  appropriation 
and  the  purposes  for  which  it  is  made;  and  Congress  shall 

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grant  no  extra  compensation  to  any  public  contractor, 
officer,,  agent  or  servant,  after  such  contract  shall  have  been 
made  or  such  service  rendered. 

(11)  No  title  of  nobility  shall  be  granted  by  the  Con 
federate  States;  and  no  person  holding  any  office  of  profit 
or  trust  under  them  shall,  without  the  consent  of  Congress, 
accept  of  any  present,  emolument,  office  or  title  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  state. 

(12)  Congress  shall  make  no  law  respecting  an  estab 
lishment    of    religion,    or    prohibiting    the    free    exercise 
thereof;   or  abridging  the   freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably  to  assemble  and 
petition  the  government  for  a  redress  of  grievances. 

(13)  A   well   regulated   militia  being  necessary   to  the 
security  of  a  free  state,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

(14)  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house,  without  the  consent  of  the  owner;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 

(15)  The  right  of  the  people  to  be  secure  in  their  per 
sons,    houses,    papers,    and    effects,    against    unreasonable 
searches  and  seizures,  shall  not  be  violated;  and  no  war 
rants   shall  issue  but  upon  probable  cause,   supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

(16)  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in 
dictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  service 
in  time  of  war  or  public  danger;  nor  shall  any  person  be 
subject  for  the  same  offence  to  be  twice  put  in  jeopardy 
of  life  or  limb;  nor  be  compelled,  in  any  criminal  case,  to 
be  a  witness  against  himself;  nor  to  be  deprived  of  life, 
liberty,  or  property  without  due  process  of  law;  nor  shall 

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private  property  be  taken  for  public  use,  without  just  com 
pensation. 

(17)  In  all  criminal  prosecutions,  the  accused  shall  en 
joy  the  right  to  a  speedy  and  public  trial,  by  an  impartial 
jury  of  the  State  and  district  wherein  the  crime  shall  have 
been  committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  wit 
nesses  in  his  favor;  and  to  have  the  assistance  of  counsel 
for  his  defence. 

(18)  In  suits  at  common  law,  where  the  value  in  con 
troversy  shall  not  exceed  twenty  dollars,  the  right  of  trial 
by  jury  shall  be  preserved;  and  no  fact  so  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  court  of  the  Con 
federacy,  than  according  to  the  rules  of  common  law. 

(19)  Excessive   bail   shall   not   be   required,   nor    exces 
sive  fines  imposed,  nor  cruel  and  inhuman  punishment  in 
flicted. 

(20)  Every  law,  or  resolution  having  the  force  of  law, 
shall  relate  to  but  one  subject,  and  that  shall  be  expressed 
in  the  title. 

SECTION  10  (1)  No  State  shall  enter  into  any  treaty,  alli 
ance,  or  confederation ;  grant  letters  of  marque  and  reprisal ; 
coin  money ;  make  anything  but  gold  and  silver  coin  a  tender 
in  payment  of  debts ;  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts,  or  grant 
any  title  of  nobility. 

(2)  No  State  shall,  without  the  consent  of  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in 
spection  laws;  and  the  nett  produce  of  all  duties  and  im 
posts,  laid  by  any  State  on  imports  or  exports,  shall  be  for 
the  use  of  the  Treasury  of  the  Confederate  States;  and 

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all  such  laws  shall  be  subject  to  the  revision  and  control 
of  Congress. 

(3)  No  State  shall,  without  the  consent  of  Congress, 
lay  any  duty  on  tonnage,  except  on  sea-going  vessels,  for 
the  improvement  of  its  rivers  and  harbors  navigated  by  the 
said  vessels;  but  such  duties  shall  not  conflict  with  any 
treaties  of  the  Confederate  States  with  foreign  nations; 
and  any  surplus  revenue,  thus  derived,  shall,  after  making 
such  improvement,  be  paid  into  the  common  treasury.  Nor 
shall  any  State  keep  troops  or  ships-of-war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay.  But  when  any  river  divides  or  flows 
through  two  or  more  States,  they  may  enter  into  compacts 
with  each  other  to  improve  the  navigation  thereof. 

ARTICLE     II 

SECTION  1  (1)  The  executive  power  shall  be  vested  in  a 
President  of  the  Confederate  States  of  America.  He  and 
the  Vice  President  shall  hold  their  offices  for  the  term  of  six 
years ;  but  the  President  shall  not  be  re-eligible.  The  Presi 
dent  and  the  Vice  President  shall  be  elected  as  follows : 

(2)  Each   State  shall  appoint,  in  such  manner  as  the 
legislature  thereof  may  direct,  a  number  of  electors  equal 
to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress;  but  no 
Senator  or  Representative  or  person  holding  an  office  of 
trust  or  profit  under  the  Confederate  States,  shall  be  ap 
pointed  an  elector. 

(3)  The  electors   shall  meet  in  their  respective  States 
and  vote  by  ballot  for  President  and  Vice  President,  one 
of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 

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State  with  themselves;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,,  and  in  distinct  ballots  the 
person  voted  for  as  Vice  President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice  President,  and  of  the  number 
of  votes  for  each,  which  list  they  shall  sign  and  certify, 
and  transmit,  sealed,  to  the  seat  of  the  Government  of  the 
Confederate  States,  directed  to  the  President  of  the  Senate ; 
the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi 
cates,  and  the  votes  shall  then  be  counted;  the  person  hav 
ing  the  greatest  number  of  votes  for  President  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have  such 
a  majority,  then,  from  the  persons  having  the  highest  num 
bers,  not  exceeding  three,  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  im 
mediately,  by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States — the  repre 
sentation  from  each  State  having  one  vote;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  the  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President,  whenever  the 
right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  Vice  President  shall 
act  as  President,  as  in  the  case  of  the  death,  or  other  con 
stitutional  disability  of  the  President. 

(4)  The  person  having  the  greatest  number  of  votes 
as  Vice  President,  shall  be  the  Vice  President,  if  such  num 
ber  be  a  majority  of  the  whole  number  of  electors  ap 
pointed,  and  if  no  person  have  a  majority,  then,  from  the 
two  highest  numbers  on  the  list,  the  Senate  shall  choose 
the  Vice  President;  a  quorum  for  the  purpose  shall  con- 

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sist  of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

(5)  But    no    person    constitutionally    ineligible    to    the 
office  of  President  shall  be  eligible  to  that  of  Vice  President 
of  the  Confederate  States. 

(6)  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  throughout  the  Con 
federate  States. 

(7)  No  person  except  a  natural  born  citizen  of  the  Con 
federate   States,   or   a  citizen  thereof  at  the  time  of  the 
adoption  of  this  Constitution,  or  a  citizen  thereof  born  in 
the  United  States  prior  to  the  20th  of  December,   I860, 
shall  be  eligible  to  the  office  of  President ;  neither  shall  any 
person  be  eligible  to  that  office  who  shall  not  have  attained 
the  age  of  thirty-five  years,  and  been  fourteen  years  a  resi 
dent  within  the  limits  of  the  Confederate  States,  as  they  may 
exist  at  the  time  of  his  election. 

(8)  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice  President;  and  Congress  may,  by  law,  provide 
for  the  case  of  removal,  death,   resignation,  or   inability, 
both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President;  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed  or  a  Presi 
dent  shall  be  elected. 

(9)  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  Confederate  States,  or  any 
of  them. 

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(10)  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  Constitution  thereof." 

SECTION  2  (1)  The  President  shall  be  Commander-in- 
chief  of  the  army  and  navy  of  the  Confederate  States,  and 
of  the  militia  of  the  several  States,  when  called  into  the 
actual  service  of  the  Confederate  States ;  he  may  require  the 
opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  and  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offences  against  the  Con 
federate  States,  except  in  cases  of  impeachment. 

(2)  He  shall  have  power,  by  and  with  the  advice  and 
consent   of  the   Senate,   to   make   treaties;    provided   two- 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi 
nate,  and  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  ambassadors,  other  public  ministers  and  con 
suls,  judges  of  the  Supreme  Court,  and  all  other  officers 
of   the    Confederate    States    whose    appointments    are   not 
herein  otherwise  provided  for,  and  which  shall  be  estab 
lished  by  law;  but  the  Congress  may,  by  law,  vest  the  ap 
pointment  of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments. 

(3)  The  principal  officer  in  each  of  the  executive  de 
partments,  and  all  persons  connected  with  the  diplomatic 
service,  may  be  removed  from  office  at  the  pleasure  of  the 
President.     All  other  civil  officers  of  the  executive  depart 
ment  may  be  removed  at  any  time   by  the  President,  or 
other  appointing  power,  when  their  services  are  unneces 
sary,  or  for  dishonesty,  incapacity,  inefficiency,  misconduct, 


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or  neglect  of  duty;  and  when  so  removed,  the  removal 
shall  be  reported  to  the  Senate,  together  with  the  reasons 
therefor. 

(4)  The  President  shall  have  power  to  fill  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant 
ing  commissions  which  shall  expire  at  the  end  of  their 
next  session;  but  no  person  rejected  by  the  Senate  shall 
be  re-appointed  to  the  same  office  during  their  ensuing 
recess. 

SECTION  3  (1)  The  President  shall,  from  time  to  time, 
give  to  the  Congress  information  of  the  state  of  the  Confed 
eracy,  and  recommend  to  their  consideration  such  measures 
as  he  shall  judge  necessary  and  expedient;  he  may,  on  extra 
ordinary  occasions,  convene  both  Houses,  or  either  of  them, 
and  in  case  of  disagreement  between  them,  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers;  he  shall  take  care  that  the  laws  be 
faithfully  executed,  and  shall  commission  all  the  officers 
of  the  Confederate  States. 

SECTION  4  (1)  The  President,  Vice  President,  and  all 
civil  officers  of  the  Confederate  States,  shall  be  removed 
from  office  on  impeachment,  for  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE      III 

SECTION  1  (1)  The  judicial  power  of  the  Confederate 
States  shall  be  vested  in  one  Supreme  Court,  and  in  such  in 
ferior  courts  as  the  Congress  may,  from  time  to  time,  ordain 
and  establish.  The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services,  a  compen 
sation  which  shall  not  be  diminished  during  their  continu 
ance  in  office. 

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SECTION  2  (1)  The  judicial  power  shall  extend  to  all 
cases  arising  under  this  Constitution,  the  laws  of  the  Con 
federate  States,  and  treaties  made,  or  which  shall  be  made, 
under  their  authority;  to  all  cases  affecting  ambassadors, 
other  public  ministers  and  consuls ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction;  to  controversies  to  which  the  Con 
federate  States  shall  be  a  party;  to  controversies  between 
two  or  more  States ;  between  a  State  and  citizens  of  another 
State,  where  the  State  is  plaintiff;  between  citizens  claim 
ing  lands  under  grants  of  different  States;  and  between 
a  State  or  the  citizens  thereof,  and  foreign  states,  citizens 
or  subjects;  but  no  State  shall  be  sued  by  a  citizen  or 
subject  of  any  foreign  state. 

(2)  In    all    cases    affecting    ambassadors,    other    public 
ministers   and  consuls,  and  those  in  which  a  State   shall 
be  a  party,  the  Supreme  Court  shall  have  original  juris 
diction.     In  all  the  other  cases  before  mentioned,  the  Su 
preme  Court  shall  have  appellate  jurisdiction  both  as  to 
law  and  fact,  with  such  exceptions  and  under  such  regu 
lations  as  the  Congress  shall  make. 

(3)  The  trial  of  all  crimes,  except  in  cases  of  impeach 
ment,  shall  be  by  jury;  and  such  trial  shall  be  held  in  the 
State   where  the  said  crimes   shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

SECTION  3  (1)  Treason  against  the  Confederate  States 
shall  consist  only  in  levying  war  against  them,  or  in  adher 
ing  to  their  enemies,  giving  them  aid  and  comfort.  No  per 
son  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

(2)  The  Congress  shall  have  power  to  declare  the  pun 
ishment  of  treason;  but  no  attainder  of  treason  shall  work 

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corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 


ARTICLE      IV 

SECTION  1  (1)  Full  faith  and  credit  shall  be  given  in 
each  State  to  the  public  acts,  records,  and  judicial  proceed 
ings  of  every  other  State.  And  the  Congress  may,  by  gen 
eral  laws,  prescribe  the  manner  in  which  such  acts,  records, 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION  2  (1)  The  citizens  of  each  State  shall  be  en 
titled  to  all  the  privileges  and  immunities  of  citizens  in  the 
several  States;  and  shall  have  the  right  of  transit  and  so 
journ  in  any  State  of  this  Confederacy,  with  their  slaves  and 
other  property ;  and  the  right  of  property  in  said  slaves  shall 
not  be  thereby  impaired. 

(2)  A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime  against  the  laws  of  such  State,  who  shall 
flee   from  justice,   and  be   found  in   another   State,   shall, 
on  demand  of  the  Executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State 
having  jurisdiction  of  the  crime. 

(3)  No  slave  or  other  person  held  to  service  or  labor  in 
any  State  or  Territory  of  the  Confederate  States,  under  the 
laws   thereof,    escaping   or   lawfully   carried   into   another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor ;  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  slave  belongs,  or  to 
whom  such  service  or  labor  may  be  due. 

SECTION  3  (1)  Other  States  may  be  admitted  into  this 
Confederacy  by  a  vote  of  two-thirds  of  the  whole  House  of 
Representatives  and  two-thirds  of  the  Senate,  the  Senate 
voting  by  States ;  but  no  new  State  shall  be  formed  or  erected 
within  the  j  urisdiction  of  any  other  State ;  nor  any  State  be 

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formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  legislatures  of  the  States 
concerned,,  as  well  as  of  the  Congress. 

(2)  The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  concerning  the  prop 
erty  of  the  Confederate  States,  including  the  lands  thereof. 

(3)  The  Confederate  States  may  acquire  new  territory; 
and    Congress   shall   have   power  to  legislate  and   provide 
governments  for  the  inhabitants  of  all  territory  belonging 
to  the  Confederate  States,  lying  without  the  limits  of  the 
several  States;  and  may  permit  them,  at  such  times,  and  in 
such  manner  as  it  may  by  law  provide,  to  form  States  to 
be  admitted  into  the  Confederacy.    In  all  such  territory,  the 
institution  of  negro  slavery,  as  it  now  exists  in  the  Con 
federate  States,  shall  be  recognized  and  protected  by  Con 
gress  and  by  the  territorial  government :  and  the  inhabitants 
of  the  several  Confederate  States  and  Territories  shall  have 
the  right  to  take  to  such  territory  any  slaves  lawfully  held 
by  them  in  any  of  the  States  or  Territories  of  the  Confeder 
ate  States. 

(4)  The   Confederate   States    shall   guarantee   to   every 
State  that  now  is,  or  hereafter  may  become,  a  member  of 
this  Confederacy,  a  republican  form  of  government;   and 
shall  protect  each  of  them  against  invasion;  and  on  appli 
cation  of  the  legislature    (or  of  the   executive,  when  the 
legislature  is  not  in  session),  against  domestic  violence. 

ARTICLE  v 

SECTION  1  (1)  Upon  the  demand  of  any  three  States, 
legally  assembled  in  their  several  conventions,  the  Congress 
shall  summon  a  convention  of  all  the  States,  to  take  into 
consideration  such  amendments  to  the  Constitution  as  the 
said  States  shall  concur  in  suggesting  at  the  time  when  the 

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said  demand  is  made ;  and  should  any  of  the  proposed  amend 
ments  to  the  Constitution  be  agreed  on  by  the  said  conven 
tion — voting  by  States — and  the  same  be  ratified  by  the 
legislature  of  two-thirds  of  the  several  States,  or  by  con 
ventions  in  two-thirds  thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  by  the  general  conven 
tion — they  shall  henceforward  form  a  part  of  the  Constitu 
tion.  But  no  State  shall,  without  its  consent,  be  deprived  of 
its  equal  representation  in  the  Senate. 

ARTICLE     VI 

(1)  The    Government    established    by   this    Constitution 
is  the  successor  of  the  Provisional  Government  of  the  Con 
federate  States  of  America,  and  all  the  laws  passed  by  the 
latter  shall  continue  in  force  until  the  same  shall  be  repealed 
or  modified :  and  all  the  officers  appointed  by  the  same  shall 
remain   in   office   until  their  successors   are   appointed  and 
qualified,  or  the  offices  abolished. 

(2)  All  debts  contracted  and  engagements  entered  into 
before  the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  Confederate  States  under  this  Constitution,  as 
under  the  Provisional  Government. 

(3)  This  Constitution,  and  the  laws  of  the  Confederate 
States   made  in  pursuance  thereof,  and  all  treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  Con 
federate  States,  shall  be  the  supreme  law  of  the  land;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

(4)  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  legislatures,  and  all 
executive    and   judicial    officers,    both    of   the    Confederate 
States  and  of  the  several  States,  shall  be  bound  by  oath  or 
affirmation  to   support  this  Constitution;   but  no   religious 

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test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  Confederate  States. 

(5)  The    enumeration,   in   the    Constitution,    of   certain 
rights,  shall  not  be  construed  to  deny  or  disparage  others 
retained  by  the  people  of  the  several  States. 

(6)  The  powers  not  delegated  to  the  Confederate  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE    VII 

(1)  The   ratification   of  the  conventions   of   five   States 
shall  be  sufficient  for  the  establishment  of  this  Constitution 
between  the  States  so  ratifying  the  same. 

(2)  When  five  States  shall  have  ratified  this  Constitu 
tion,  in  the  manner  before  specified,  the  Congress  under  the 
Provisional  Constitution  shall  prescribe  the  time  for  hold 
ing  the  election  of  President  and  Vice  President,  and  for 
the  meeting  of  the  Electoral  College,  and  for  counting  the 
votes,   and  inaugurating  the  President.      They  shall,  also, 
prescribe  the  time  for  holding  the  first  election  of  members 
of  Congress  under  this  Constitution,  and  the  time  for  assem 
bling  the  same.     Until  the  assembling  of  such  Congress,  the 
Congress  under  the  Provisional  Constitution  shall  continue 
to  exercise  the  legislative  powers  granted  them;  not  extend 
ing  beyond  the  time  limited  by  the  Constitution"  of  the  Pro 
visional  Government. 

^  Adopted  unanimously  by  the  Congress  of  the  Confederate 
States  of  South  Carolina,  Georgia,  Florida,  Alabama,  Mis 
sissippi,  Louisiana,  and  Texas,  sitting  in  convention  at  the 
capitol,  in  the  city  of  Montgomery,  Alabama,  on  the 
Eleventh  day  of  March,  in  the  year  Eighteen  Hundred  and 
Sixty-one. 

HOWELL  COBB 
President  of  the  Congress. 
315 


NATIONAL     DOCUMENTS 

South  Carolina. — R.  Barnwell  Rhett,  C.  G.  Memminger, 
Wm.  Porcher  Miles,  James  Chesnut,  Jr.,  R.  W.  Barnwell, 
William  W.  Boyce,  Lawrence  M.  Keitt,  T.  J.  Withers. 

Georgia. — Francis  S.  Bartow,  Martin  J.  Crawford,  Ben 
jamin  H.  Hill,  Thos.  R.  R.  Cobb. 

Florida. — Jackson  Morton,  J.  Patton  Anderson,  Jas. 
B.  Owens. 

Alabama.— Richard  W.  Walker,  Robt.  H.  Smith,  Colin  J. 
McRae,  William  P.  Chilton,  Stephen  F.  Hale,  David  P. 
Lewis,  Tho.  Fearn,  Jno.  Gill  Shorter,  J.  L.  M.  Curry. 

Mississippi. — Alex.  M.  Clayton,  James  T.  Harrison,  Will 
iam  S.  Barry,  W.  S.  Wilson,  Walker  Brooke,  W.  P.  Harris, 
J.  A.  P.  Campbell. 

Louisiana. — Alex,  de  Clouet,  C.  M.  Conrad,  Duncan  F. 
Kenner,  Henry  Marshall. 

Texas.— John  Hemphill,  Thomas  N.  Waul,  John  H. 
Reagan,  Williamson  S.  Oldham,  Louis  T.  Wigfall,  John 
Gregg,  William  Beck  Ochiltree. 


S16 


Emancipation  Proclamation  1863 

Whereas,  on  the  twenty-second  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
two,  a  proclamation  was  issued  by  the  President  of  the 
United  States,  containing,  among  other  things,  the  follow 
ing,  to  wit: 

"  That  on  the  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  all  per 
sons  held  as  slaves  within  any  State,  or  designated  part  of 
a  State,  the  people  whereof  shall  then  be  in  rebellion 
against  the  United  States,  shall  be  then,  thenceforward,  and 
forever  free;  and  the  Executive  Government  of  the  United 
States,  including  the  military  and  naval  authority  thereof, 
will  recognize  and  maintain  the  freedom  of  such  persons, 
and  will  do  no  act  or  acts  to  repress  such  persons,  or  any  of 
them,  in  any  efforts  they  may  make  for  their  actual  freedom. 

"  That  the  Executive  will,  on  the  first  day  of  January 
aforesaid,  by  proclamation,  designate  the  States  and  parts 
of  States,  if  any,  in  which  the  people  thereof  respectively, 
shall  then  be  in  rebellion  against  the  United  States;  and 
the  fact  that  any  State,  or  the  people  thereof,  shall  on  that 
day  be  in  good  faith  represented  in  the  Congress  of  the 
United  States  by  members  chosen  thereto  at  elections 
wherein  a  majority  of  the  qualified  voters  of  such  State 
shall  have  participated,  shall  in  the  absence  of  strong  coun 
tervailing  testimony,  be  deemed  conclusive  evidence  that 
such  State,  and  the  people  thereof,  are  not  then  in  rebellion 
against  the  United  States." 

Now,  therefore,  I,  Abraham  Lincoln,  President  of  the 
United  States,  by  virtue  of  the  power  in  me  vested  as  com- 
mander-in-chief  of  the  Army  and  Navy  of  the  United 

317 


NATIONAL     DOCUMENTS 

States,  in  time  of  actual  armed  rebellion  against  authority 
and  government  of  the  United  States,  and  as  a  fit  and  nec 
essary  war  measure  for  suppressing  said  rebellion,  do,  on 
this  first  day  of  January,  in  the  year  of  our  Lord  one  thou 
sand  eight  hundred  and  sixty-three,  and  in  accordance  with 
my  purpose  so  to  do,  publicly  proclaimed  for  the  full  period 
of  one  hundred  days  from  the  day  first  above  mentioned, 
order  and  designate  as  the  States  and  parts  of  States 
wherein  the  people  thereof,  respectively,  are  this  day  in 
rebellion  against  the  United  States,  the  following,  to  wit: 

Arkansas,  Texas,  Louisiana  (except  the  parishes  of  St. 
Bernard,  Plaquemines,  Jefferson,  St.  John,  St.  Charles,  St. 
James,  Ascension,  Assumption,  Terrebonne,  Lafourche,  St. 
Mary,  St.  Martin,  and  Orleans,  including  the  city  of  New 
Orleans),  Mississippi,  Alabama,  Florida,  Georgia,  South 
Carolina,  North  Carolina,  and  Virginia  (except  the  forty- 
eight  counties  designated  as  West  Virginia,  and  also  the 
counties  of  Berkley,  Accomac,  Northampton,  Elizabeth 
City,  York,  Princess  Ann,  and  Norfolk,  including  the  cities 
of  Norfolk  and  Portsmouth),  and  which  excepted  parts 
are,  for  the  present,  left  precisely  as  if  this  proclamation 
were  not  issued. 

And  by  virtue  of  the  power  and  for  the  purpose  afore 
said,  I  do  order  and  declare  that  all  persons  held  as  slaves 
within  said  designated  States  and  parts  of  States  are,  and 
henceforward  shall  be,  free ;  and  that  the  Executive  govern 
ment  of  the  United  States,  including  the  military  and  naval 
authorities  thereof,  will  recognize  and  maintain  the  freedom 
of  said  persons. 

And  I  hereby  enjoin  upon  the  people  so  declared  to  be 
free  to  abstain  from  all  violence,  unless  in  necessary  self- 
defence;  and  I  recommend  to  them  that,  in  all  cases  when 
allowed,  they  labor  faithfully  for  reasonable  wages. 

And  I  further  declare  and  make  known,  that  such  per- 
318 


NATIONAL     DOCUMENTS 

sons  of  suitable  condition,  will  be  received  into  the  armed 
service  of  the  United  States  to  garrison  forts,  positions, 
stations,  and  other  places,  and  to  man  vessels  of  all  sorts 
in  said  service. 

And  upon  this  act,  sincerely  believed  to  be  an  act  of  jus 
tice,  warranted  by  the  Constitution,  upon  military  necessity, 
I  invoke  the  considerate  judgment  of  mankind  and  the  gra 
cious  favor  of  Almighty  God. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-three,  and  of  the  Independence  of  the 
United  States  of  America  the  eighty-seventh. 

ABRAHAM    LINCOLN 

L.  s. 

By  the  President: 

WILLIAM  H.  SEWARD, 

Secretary  of  State. 


319 


Lincoln's  Gettysburg  Address  1863 

Fourscore  and  seven  years  ago  our  fathers  brought  forth 
on  this  continent  a  new  nation,  conceived  in  liberty,  and 
dedicated  to  the  proposition  that  all  men  are  created  equal. 

Now  we  are  engaged  in  a  great  civil  war,  testing  whether 
that  nation,  or  any  nation  so  conceived  and  so  dedicated, 
can  long  endure.  We  are  met  on  a  great  battlefield  of  that 
war.  We  have  come  to  dedicate  a  portion  of  that  field  as 
a  final  resting-place  for  those  who  here  gave  their  lives 
that  the  nation  might  live.  It  is  altogether  fitting  and 
proper  that  we  should  do  this.  But,  in  a  larger  sense,  we 
cannot  dedicate — we  cannot  consecrate — we  cannot  hallow 
— this  ground.  The  brave  men,  living  and  dead,  who  strug 
gled  here  have  consecrated  it,  far  above  our  poor  power  to 
add  or  detract.  The  world  will  little  note,  nor  long  remem 
ber  what  we  say  here,  but  it  can  never  forget  what  they  did 
here.  It  is  for  us  the  living,  rather,  to  be  dedicated  here 
to  the  unfinished  work  which  they  who  fought  here  have 
thus  far  so  nobly  advanced.  It  is  rather  for  us  to  be  here 
dedicated  to  the  great  task  remaining  before  us — that  from 
these  honored  dead  we  take  increased  devotion  to  that  cause 
for  which  they  gave  the  last  full  measure  of  devotion — 
that  we  here  highly  resolve  that  these  dead  shall  not  have 
died  in  vain — that  this  nation,  under  God,  shall  have  a  new 
birth  of  freedom  and  that  government  of  the  people,  by  the 
people,  for  the  people,  shall  not  perish  from  the  earth. 


820 


Proclamation  of  Amnesty  1868 

Whereas  in  and  by  the  Constitution  of  the  United  States 
it  is  provided  that  the  President  "  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United  States, 
except  in  cases  of  impeachment;  "  and 

Whereas  a  rebellion  now  exists  whereby  the  loyal  State 
governments  of  several  States  have  for  a  long  time  been 
subverted,  and  many  persons  have  committed  and  are  now 
guilty  of  treason  against  the  United  States ;  and 

Whereas,  with  reference  to  said  rebellion  and  treason, 
laws  have  been  enacted  by  Congress  declaring  forfeitures' 
and  confiscation  of  property  and  liberation  of  slaves,  all 
upon  terms  and  conditions  therein  stated,  and  also  declaring 
that  the  President  was  thereby  authorized  at  any  time  there 
after,  by  proclamation,  to  extend  to  persons  who  may  have 
participated  in  the  existing  rebellion  of  any  State  or  part 
thereof  pardon  and  amnesty,  with  such  exceptions  and  at 
such  times  and  on  such  conditions  as  he  may  deem  expedient 
for  the  public  welfare;  and 

Whereas  the  congressional  declaration  for  limited  and 
conditional  pardon  accords  with  well-established  judicial 
exposition  of  the  pardoning  power;  and 

Whereas,  with  reference  to  said  rebellion,  the  President 
of  the  United  States  has  issued  several  proclamations  with 
provisions  in  regard  to  the  liberation  of  slaves;  and 

Whereas,  it  is  now  desired  by  some  persons  heretofore 
engaged  in  said  rebellion  to  resume  their  allegiance  to  the 
United  States,  and  to  reinaugurate  loyal  State  governments 
within  and  for  their  respective  states:  Therefore — 

I,  ABRAHAM  LINCOLN,  President  of  the  United  States,  do 
proclaim,  declare,  and  make  known  to  all  persons  who  have, 

321 


NATIONAL     DOCUMENTS 

directly  or  by  implication,  participated  in  the  existing 
rebellion,  except  as  hereinafter  excepted,  that  a  full  pardon 
is  hereby  granted  to  them  and  each  of  them,  with  restora 
tion  of  all  rights  of  property,  except  as  to  slaves,  and  in 
property  cases  where  rights  of  third  parties  shall  have 
intervened,  and  upon  the  condition  that  every  such  person 
shall  take  and  subscribe  an  oath,  and  thenceforward  keep 
and  maintain  said  oath  inviolate;  and  which  oath  shall  be 
registered  for  permanent  preservation,  and  shall  be  of  the 
tenor  and  effect  following,  to  wit: 

"I,  — ,  do  solemnly  swear,  in  presence  of 

Almighty  God,  that  I  will  henceforth  faithfully  support, 
protect,  and  defend  the  Constitution  of  the  United  States 
and  the  Union  of  the  States  thereunder;  and  that  I  will, 
in  like  manner,  abide  by  and  faithfully  support  all  acts 
of  congress  passed  during  the  existing  rebellion  with  refer 
ence  to  slaves,  so  long  and  so  far  as  not  repealed,  modified, 
or  held  void  by  congress,  or  by  decision  of  the  supreme  court ; 
and  that  I  will,  in  like  manner,  abide  by  and  faithfully  sup 
port  all  proclamations  of  the  President  made  during  the 
existing  rebellion  having  reference  to  slaves,  so  long  and 
so  far  as  not  modified  or  declared  void  by  decision,  of  the 
supreme  court.  So  help  me  God." 

The  persons  excepted  from  the  benefits  of  the  foregoing 
provisions  are  all  who  are,  or  shall  have  been,  civil  or  diplo 
matic  officers  or  agents  of  the  so-called  Confederate  govern 
ment;  all  who  have  left  judicial  stations  under  the  United 
States  to  aid  the  rebellion;  all  who  are,  or  shall  have  been, 
military  or  naval  officers  of  said  so-called  Confederate 
government  above  the  rank  of  colonel  in  the  army  or  of 
lieutenant  in  the  navy;  all  who  left  seats  in  the  United 
States  congress  to  aid  the  rebellion;  all  who  resigned  com 
missions  in  the  army  or  navy' of  the  United  States  and  after 
wards  aided  the  rebellion;  and  all  who  have  engaged  in 

322 


NATIONAL     DOCUMENTS 

any  way  in  treating  colored  persons,  or  white  persons  in 
charge  of  such,  otherwise  than  lawfully  as  prisoners  of  war, 
and  which  persons  may  have  been  found  in  the  United 
States  service  as  soldiers,  seamen,  or  in  any  other  capacity. 

And  I  do  further  proclaim,  declare,  and  make  known  that 
whenever,  in  any  of  the  States  of  Arkansas,  Texas,  Louisi 
ana,  Mississippi,  Tennessee,  Alabama,  Georgia,  Florida, 
South  Carolina,  and  North  Carolina,  a  number  of  persons, 
not  less  than  one  tenth  in  number  of  the  votes  cast  in  such 
state  at  the  presidential  election  of  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty,  each  having  taken 
the  oath  aforesaid,  and  not  having  since  violated  it,  and 
being  a  qualified  voter  by  the  election  laws  of  the  state 
existing  immediately  before  the  so-called  act  of  secession, 
and  excluding  all  others,  shall  reestablish  a  State  government 
which  shall  be  republican,  and  in  nowise  contravening 
said  oath,  such  shall  be  recognized  as  the  true  government 
of  the  State,  and  the  State  shall  receive  thereunder  the  bene 
fits  of  the  constitutional  provision  which  declares  that  "  the 
United  States  shall  guarantee  to  every  State  in  this  Union  a 
republican  form  of  government,  and  shall  protect  each  of 
them  against  invasion ;  and  on  application  of  the  legislature, 
or  the  executive  (when  the  legislature  cannot  be  convened), 
against  domestic  violence." 

And  I  do  further  proclaim,  declare,  and  make  known  that 
any  provision  which  may  be  adopted  by  such  State  govern 
ment  in  relation  to  the  freed  people  of  such  State,  which 
shall  recognize  and  declare  their  permanent  freedom,  pro 
vide  for  their  education,  and  which  may  yet  be  consistent 
as  a  temporary  arrangement  with  their  present  condition 
as  a  laboring,  landless,  and  homeless  class,  will  not  be 
objected  to  by  the  National  Executive. 

And  it  is  suggested  as  not  improper  that,  in  constructing 
a  loyal  State  government  in  any  State,  the  name  of  the  State. 

323 


NATIONAL     DOCUMENTS 

the  boundary,  the  subdivisions,  the  constitution,  and  the 
general  code  of  laws,  as  before  the  rebellion,  be  maintained, 
subject  only  to  the  modifications  made  necessary  by  the 
conditions  hereinbefore  stated,  and  such  others,  if  any,  not 
contravening  said  conditions,  and  which  may  be  deemed 
expedient  by  those  framing  the  new  State  government. 

To  avoid  misunderstanding,  it  may  be  proper  to  say  that 
this  proclamation,  so  far  as  it  relates  to  state  governments, 
has  no  reference,  to  states  wherein  loyal  state  governments 
have  all  the  while  been  maintained.  And,  for  the  same 
reason,  it  may  be  proper  to  further  say,  that  whether  mem 
bers  sent  to  congress  from  any  state  shall  be  admitted  to 
seats  constitutionally  rests  exclusively  with  the  respective 
houses,  and  not  to  any  extent  with  the  Executive,  And 
still  further,  that  this  proclamation  is  intended  to  present 
the  people  of  the  states  wherein  the  national  authority  has 
been  suspended,  and  loyal  state  governments  have  been  sub 
verted,  a  mode  in  and  by  which  the  national  authority  and 
loyal  state  governments  may  be  reestablished  within  said 
states,  or  in  any  of  them;  and,  while  the  mode  presented  is 
the  best  the  Executive  can  suggest,  with  his  present  impres 
sions,  it  must  not  be  understood  that  no  other  possible  mode 
would  be  acceptable. 

Given  under  my  hand  at  the  city  of  Washington,  on  the 
8th  day  of  December,  A.  D.  1863,  and  of  the  Inde 
pendence  of  the  United  States  of  America  the  eighty- 
eighth. 

ABRAHAM  LINCOLN 
SEAL 


324 


Lincoln's  Second  Inaugural  Address  1865 

Fellow-countrymen:  At  this  second  appearing  to  take  the 
oath  of  the  Presidential  office,  there  is  less  occasion  for  an 
extended  address  than  there  was  at  the  first.  Then,  a  state 
ment,  somewhat  in  detail,  of  a  course  to  be  pursued,  seemed 
fitting  and  proper.  Now,  at  the  expiration  of  four  years, 
during  which  public  declarations  have  been  constantly  called 
forth  on  every  point  and  phase  of  the  great  contest  which 
still  absorbs  the  attention  and  engrosses  the  energies  of  the 
nation,  little  that  is  new  could  be  presented.  The  progress 
of  our  arms,  upon  which  all  else  chiefly  depends,  is  as  well 
known  to  the  public  as  to  myself ;  and  it  is,  I  trust,  reason 
ably  satisfactory  and  encouraging  to  all.  With  high  hope 
for  the  future,  no  prediction  in  regard  to  it  is  ventured. 

On  the  occasion  corresponding  to  this  four  years  ago,  all 
thoughts  were  anxiously  directed  to  an  impending  civil  war. 
All  dreaded  it — all  sought  to  avert  it.  While  the  inaugural 
address  was  being  delivered  from  this  place,  devoted  alto 
gether  to  saving  the  Union  without  war,  insurgent  agents 
were  in  the  city  seeking  to  destroy  it  without  war — seeking 
to  dissolve  the  Union,  and  divide  effects,  by  negotiation. 
Both  parties  deprecated  war;  but  one  of  them  would  make 
war  rather  than  let  the  nation  survive ;  and  the  other  would 
accept  war  rather  than  let  it  perish.  And  the  war  came. 

One-eighth  of  the  whole  population  were  colored  slaves, 
not  distributed  generally  over  the  Union,  but  localized  in 
the  Southern  part  of  it.  These  slaves  constituted  a  peculiar 
and  powerful  interest.  All  knew  that  this  interest  was, 
somehow,  the  cause  of  the  war.  To  strengthen,  perpetuate, 
and  extend  this  interest  was  the  object  for  which  the  insur 
gents  would  rend  the  Union,  even  by  war ;  while  the  Govern- 

325 


NATIONAL     DOCUMENTS 

ment  claimed  no  right  to  do  more  than  to  restrict  the  terri 
torial  enlargement  of  it.  Neither  party  expected  for  the  war 
the  magnitude  or  the  duration  which  it  has  already  attained. 
Neither  anticipated  that  the  cause  of  the  conflict  might  cease 
with,  or  even  before,  the  conflict  itself  should  cease.  Each 
looked  for  an  easier  triumph,  and  a  result  less  fundamental 
and  astounding.  Both  read  the  same  Bible,  and  pray  to 
the  same  God;  and  each  invokes  his  aid  against  the  other. 
It  may  seem  strange  that  any  men  should  dare  to  ask  a  just 
God's  assistance  in  wringing  their  bread  from  the  sweat  of 
other  men's  faces;  but  let  us  judge  not,  that  we  be  not 
judged.  The  prayers  of  both  could  not  be  answered — that 
of  neither  has  been  answered  fully.  The  Almighty  has  his 
own  purposes.  "  Woe  unto  the  world  because  of  offenses ! 
for  it  must  needs  be  that  offenses  come ;  but  woe  to  that  man 
by  whom  the  offense  cometh."  If  we  shall  suppose  that 
American  slavery  is  one  of  those  offenses  which,  in  the 
providence  of  God,  must  needs  come,  but  which,  having  con 
tinued  through  his  appointed  time,  he  now  wills  to  remove, 
and  that  he  gives  to  both  North  and  South  this  terrible  war, 
as  the  woe  due  to  those  by  whom  the  offense  came,  shaJL 
we  discern  therein  any  departure  from  those  divine  attributes 
which  the  believers  in  a  living  God  always  ascribe  to  him? 
Fondly  do  we  hope — fervently  do  we  pray — that  this 
mighty  scourge  of  war  may  speedily  pass  away.  Yet,  if 
God  wills  that  it  continue  until  all  the  wealth  piled  by  the 
bondman's  two  hundred  and  fifty  years  of  unrequited 
toil  shall  be  sunk,  and  until  every  drop  of  blood  drawn  with 
the  lash  shall  be  paid  by  another  drawn  with  the  sword,  as 
was  said  three  thousand  years  ago,  so  still  it  must  be  said: 
"  The  judgments  of  the  Lord  are  true  and  righteous  alto 
gether." 

With  malice  toward  none ;  with  charity  for  all ;  with  firm 
ness  in  the  right,  as  God  gives  us  to  see  the  right,  let  us 

326 


NATIONAL     DOCUMENTS 

strive  on  to  finish  the  work  we  are  in;  to  bind  up  the  nation's 
wounds;  to  care  for  him  who  shall  have  borne  the  battle, 
and  for  his  widow,  and  his  orphan— to  do  all  which  may 
achieve  and  cherish  a  just  and  lasting  peace  among  our 
selves,  and  with  all  nations. 


327 


Proclamation  Declaring  the  Insurrection  at  an 
End     1866 

Whereas  by  proclamations  of  the  15th  and  IQth  of  April, 

1861,  the  President  of  the  United  States    in  virtue  of  the 
power   vested   in   him   by   the   Constitution   and  the  laws, 
declared  that  the  laws  of  the  United  States  were  opposed 
and  the  execution  thereof  obstructed  in  the  States  of  South 
Carolina,  Georgia,  Alabama,   Florida,   Mississippi,  Louisi 
ana,  and   Texas  by  combinations  too  powerful  to  be  sup 
pressed  by  the  ordinary  course  of  judicial  proceedings  or  by 
the  powers  vested  in  the  marshals  of  the  law ;  and 

Whereas  by  another  proclamation  made  on  the  16th  day 
of  August,  in  the  same  year,  in  pursuance  of  an  act  of  Con 
gress  approved  July  13,  1861,  the  inhabitants  of  the  States 
of  Georgia,  South  Carolina,  Virginia,  North  Carolina, 
Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas,  Missis 
sippi,  and  Florida  (except  the  inhabitants  of  the  State  of 
Virginia  lying  west  of  the  Alleghany  Mountains,  and  except 
also  the  inhabitants  of  such  other  parts  of  that  State  and  the 
other  States  before  named  as  might  maintain  a  loyal  adhesion 
to  the  Union  and  Constitution  or  might  be  from  time  to 
time  occupied  and  controlled  by  forces  of  the  United  States 
engaged  in  the  dispersion  of  the  insurgents)  were  declared 
to  be  in  a  state  of  insurrection  against  the  United  States; 
and 

Whereas   by  another  proclamation   of  the   1st  of  July, 

1862,  issued  in  pursuance  of  an  act  of  Congress  approved 
June  7,  in   the   same   year,  the  insurrection  was  declared 
to  be  still  existing  in  the  States  aforesaid,  with  the  excep 
tion  of  certain  specified  counties  in  the  State  of  Virginia; 
and 

328 


NATIONAL     DOCUMENTS 

Whereas  by  another  proclamation  made  on  the  2d  day 
of  April,  1863,  in  pursuance  of  an  act  of  Congress  of  July 
13,  1861,  the  exceptions  named  in  the  proclamation  of 
August  16,  1861,  were  revoked  and  the  inhabitants  of  the 
States  of  Georgia,  South  Carolina,  North  Carolina,  Tennes 
see,  Alabama,  Louisiana,  Texas,  Arkansas,  Mississippi, 
Florida,  and  Virginia  (except  the  forty-eight  counties  of 
Virginia  designated  as  West  Virginia  and  the  ports  of  New 
Orleans,  Key  West,  Port  Royal,  and  Beaufort,  in  North 
Carolina)  were  declared  to  be  still  in  a  state  of  insurrection 
against  the  United  States;  and 

Whereas  by  another  proclamation,  of  the  15th  day  of 
September,  1863,  made  in  pursuance  of  the  act  of  Congress 
approved  March  3,  1863,  the  rebellion  was  declared  to  be 
still  existing  and  the  privilege  of  the  writ  of  habeas  corpus 
was  in  certain  specified  cases  suspended  throughout  the 
United  States,  said  suspension  to  continue  throughout  the 
duration  of  the  rebellion  or  until  said  proclamation  should, 
by  a  subsequent  one  to  be  issued  by  the  President  of  the 
United  States,  be  modified  or  evoked;  and 

Whereas  the  House  of  Representatives  on  the  22d  day  of 
July,  1861,  adopted  a  resolution  in  the  following  words, 
namely : 

Resolved  by  the  House  of  Representatives  of  the  Con 
gress  of  the  United  States,  That  the  present  deplorable 
civil  war  has  been  forced  upon  the  country  by  the  disunion- 
ists  of  the  Southern  States  now  in  revolt  against  the  consti 
tutional  Government  and  in  arms  around  the  capitol;  that 
in  this  national  emergency  Congress,  banishing  all  feelings 
of  mere  passion  or  resentment,  will  recollect  only  its  duty 
to  the  whole  country;  that  this  war  is  not  waged  upon  our 
part  in  any  spirit  of  oppression,  nor  for  any  purpose  of 
conquest  or  subjugation,  nor  purpose  of  overthrowing  or 
interfering  with  the  rights  or  established  institutions  of 

329 


NATIONAL     DOCUMENTS 

those  States;  but  to  defend  and  maintain  the  supremacy  of 
the  Constitution  and  to  preserve  the  Union,  with  all  the 
dignity,  equality,  and  rights  of  the  several  States,  unim 
paired;  and  that  as  soon  as  these  objects  are  accomplished 
the  war  ought  to  cease. 

And  whereas  the  Senate  of  the  United  States  on  the  25th 
day  of  July,  1861,  adopted  a  resolution  in  the  words  follow 
ing,  to  wit: 

Resolved,  That  the  present  deplorable  civil  war  has 
been  forced  upon  the  country  by  the  disunionists  of  the 
Southern  States  now  in  revolt  against  the  constitutional 
Government  and  in  arms  around  the  capitol;  that  in  this 
national  emergency  Congress,  banishing  all  feelings  of 
mere  passion  or  resentment,  will  recollect  only  its  own  duty 
to  the  whole  country;  that  this  war  is  not  prosecuted  upon 
our  part  in  any  spirit  of  oppression,  nor  for  any  purpose 
of  conquest  or  subjugation,  nor  purpose  of  overthrowing 
or  interfering  with  the  rights  or  established  institutions  of 
those  States;  but  to  defend  and  maintain  the  supremacy 
of  the  Constitution  and  all  laws  made  in  pursuance  there 
of  and  to  preserve  the  Union,  with  all  the  dignity,  equal 
ity,  and  rights  of  the  several  States  unimpaired;  that  as 
soon  as  these  objects  are  accomplished  the  war  ought  to 
cease. 

And  whereas  these  resolutions  though  not  joint  or  concur 
rent  in  form,  are  substantially  identical,  arid  as  such  have 
hitherto  been  and  yet  are  regarded  as  having  expressed 
the  sense  of  Congress  upon  the  subj  ect  to  which  they  relate ; 
and 

Whereas  the  President  of  the  United  States  by  procla 
mation  of  the  13th  of  June,  1865,  declared  that  the  insur 
rection  in  the  State  of  Tennessee  had  been  suppressed,  and 
that  the  authority  of  the  United  States  therein  was  undis 
puted,  and  such  United  States  officers  as  had  been  duly 

330 


NATIONAL     DOCUMENTS 

commissioned  were  in  the  undisturbed  exercise  of  their 
official  functions;  and 

Whereas  the  President  of  the  United  States  by  further 
proclamation,  issued  on  the  2d  day  of  April,  1866,  did 
promulgate  and  declare  that  there  no  longer  existed  any 
armed  resistance  of  misguided  citizens  or  others  to  the 
authority  of  the  United  States  in  any  or  in  all  the  States 
before  mentioned,  excepting  only  the  State  of  Texas,  and 
did  further  promulgate  and  declare  that  the  laws  could  be 
sustained  and  enforced  in  the  several  States  before 
mentioned,  except  Texas,  by  the  proper  civil  author 
ities,  State  or  Federal,  and  that  the  people  of  the  said 
States,  except  Texas,  are  well  and  loyally  disposed  and 
have  conformed  or  will  conform  in  their  legislation  to  the 
condition  of  affairs  growing  out  of  the  amendment  to  the 
Constitution  of  the  United  States  prohibiting  slavery  within 
the  jurisdiction  of  the  United  States; 

And  did  further  declare  in  the  same  proclamation  that  it  is 
the  manifest  determination  of  the  American  people  that  no 
State,  of  its  own  will,  has  a  right  or  power  to  go  out  of,  or 
separate  itself  from,  or  be  separated  from  the  American 
Union;  and  that,  therefore,  each  State  ought  to  remain 
and  constitute  an  integral  part  of  the  United  States ; 

And  did  further  declare  in  the  same  last-mentioned 
proclamation  that  the  several  aforementioned  States,  except 
ing  Texas,  had  in  the  manner  aforesaid  given  satisfactory 
evidence  that  they  acquiesce  in  this  sovereign  and  important 
resolution  of  national  unity;  and 

Whereas  the  President  of  the  United  States  in  the  same 
proclamation  did  further  declare  that  it  is  believed  to  be  a 
fundamental  principle  of  government  that  the  people  who 
have  revolted  and  who  have  been  overcome  and  subdued 
must  be  dealt  with  so  as  to  induce  them  voluntarily  to 
become  friends  or  else  they  must  be  held  by  absolute  military 

331 


NATIONAL     DOCUMENTS 

power  or  devastated  so  as  to  prevent  them  from  ever  again 
doing  harm  as  enemies,  which  last-named  policy  is  abhorrent 
to  humanity  and  to  freedom;  and 

Whereas  the  President  did  in  the  same  proclamation  fur 
ther  declare  that  the  Constitution  of  the  United  States 
provides  for  constituent  communities  only  as  States,  and 
not  as  Territories,  dependencies,  provinces,  or  protectorates ; 

And  further,  that  such  constituent  States  must  necessa 
rily  be,  and  by  the  Constitution  and  laws  of  the  United 
States  are,  made  equals  and  placed  upon  a  like  footing 
as  to  political  rights,  immunities,  dignity,  and  power  with 
the  several  States  with  which  they  are  united ; 

And  did  further  declare  that  the  observance  of  political 
equality,  as  a  principle  of  right  and  justice,  is  well  calcu 
lated  to  encourage  the  people  of  the  before-named  States, 
except  Texas,  to  become  more  and  more  constant  and  per 
severing  in  their  new  allegiance;  and 

Whereas  the  President  did  further  declare  that  standing 
armies,  military  occupation,  martial  law,  military  tribunals, 
and  the  suppression  of  the  writ  of  habeas  corpus  are  in 
times  of  peace  dangerous  to  public  liberty,  incompatible 
with  the  individual  right  of  the  citizen,  contrary  .to  the 
genius  and  spirit  of  our  free  institutions,  and  exhaustive 
of  the  national  resources,  and  ought  not,  therefore,  to  be 
sanctioned  or  allowed  except  in  cases  of  actual  necessity 
for  repelling  invasion  and  suppressing  insurrection  or 
rebellion ; 

And  the  President  did  further,  in  the  same  proclamation, 
declare  that  the  policy  of  the  Government  of  the  United 
States  from  the  beginning  of  the  insurrection  to  its  over 
throw  and  final  suppression  had  been  conducted  in  conform 
ity  with  the  principles  in  the  last-named  proclamation 
recited;  and 

Whereas  the  President,  in  the  said  proclamation,  of  the 
332 


NATIONAL     DOCUMENTS 

13th  of  June,  1865,  upon  the  grounds  therein  stated  and 
hereinbefore  recited,  did  then  and  thereby  proclaim  and 
declare  that  the  insurrection  which  heretofore  existed  in 
the  several  States  before  named,  except  in  Texas,  was  at 
an  end  and  was  therefore  to  be  so  regarded;  and 

Whereas  subsequently  to  the  said  2d  day  of  April,  1866, 
the  insurrection  in  the  State  of  Texas  has  been  completely 
and  everywhere  suppressed  and  ended  and  the  authority 
of  the  United  States  has  been  successfully  and  completely 
established  in  the  said  State  of  Texas  and  now  remains 
therein  unassisted  and  undisputed,  and  such  of  the  proper 
United  States  officers  as  have  been  duly  commissioned  within 
the  limits  of  the  said  State  are  now  in  the  undisturbed 
exercise  of  their  official  functions;  and 

Whereas  the  laws  can  now  be  sustained  and  enforced 
in  the  said  State  of  Texas  by  the  proper  civil  authority, 
State  or  Federal,  and  the  people  of  the  said  State  of  Texas, 
like  the  people  of  the  other  States  before  named,  are  well 
and  loyally  disposed  and  have  conformed  or  will  conform 
in  their  legislation  to  the  condition  of  affairs  growing  out 
of  the  amendment  to  the  Constitution  of  the  United  States 
prohibiting  slavery  within  the  limits  and  jurisdiction  of 
the  United  States;  and 

Whereas  all  the  reasons  and  conclusions  set  forth  in 
regard  to  the  several  States  therein  specially  named  now 
apply  equally  and  in  all  respects  to  the  State  of  Texas, 
as  well  as  to  the  other  States  which  have  been  involved  in 
the  insurrection ;  and 

Whereas  adequate  provision  has  been  made  by  military 
orders  to  enforce  the  execution  of  the  acts  of  Congress, 
aid  the  civil  authorities,  and  secure  obedience  to  the  Con 
stitution  and  laws  of  the  United  States  within  the  State  of 
Texas  if  a  resort  to  military  force  for  such  purpose  should 
at  any  time  be  necessary: 

333 


NATIONAL     DOCUMENTS 

Now  therefore,  I,  Andrew  Johnson,  President  of  the 
United  States,  do  hereby  proclaim  and  declare  that  the 
insurrection  which  heretofore  existed  in  the  State  of  Texas 
is  at  an  end  and  is  to  be  henceforth  so  regarded  in  that 
State  as  in  the  other  States  before  named  in  which  the 
said  insurrection  was  proclaimed  to  be  at  an  end  by  the 
aforesaid  proclamation  of  the  2d  of  April,  1866. 

And  I  do  further  proclaim  that  the  said  insurrection  is 
at  an  end  and  that  peace,  order,  and  tranquility,  and  civil 
authority  now  exist  in  and  throughout  the  whole  United 
States  of  America. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 

caused  the  seal  of  the  United  States  to  be  affixed. 
[Seal.]     Done  at  the  city  of  Washington,  this  20th  day  of 
August,  A.  D.    1866,  and  of  the  Independence  of 
the  United  States  of  America  the  ninety-first. 

ANDREW  JOHNSON 
By  the  President: 

WILLIAM  H.  SEWARD, 

Secretary  of  State. 


334, 


Treaty  with  Russia     1867 

Convention  between  the  United  States  of  America  and 
His  Majesty  the  Emperor  of  Russia,  for  the  Cession  of  the 
Russian  Possessions  in  North  America  to  the  United  States 
Concluded  at  Washington  March  30,  1867;  Ratification 
Advised  by  Senate  April  9,  1867;  Ratified  by  President 
May  28,  1867;  Ratifications  Exchanged  at  Washington 
June  20,  1867;  Proclaimed,  June  20,  1867. 

^  The  United  States  of  America  and  His  Majesty  the 
Emperor  of  all  the  Russias,  being  desirous  of  strengthen 
ing,  if  possible,  the  good  understanding  which  exists  between 
them,  have,  for  that  purpose,  appointed  as  their  Plenipo 
tentiaries,  the  President  of  the  United  States,  William  H. 
Seward,  Secretary  of  State;  and  His  Majesty  the  Emperor 
of  all  the  Russias,  the  Privy  Counsellor  Edward  de  Stoeckl, 
his  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
the  United  States; 

And  the  said  Plenipotentiaries,  having  exchanged  their 
full  powers,  which  were  found  to  be  in  due  form,  have 
agreed  upon  and  signed  the  following  articles: 


ARTICLE    I 


His  Majesty  the  Emperor  of  all  the  Russias  agrees  to 
cede  to  the  United  States,  by  this  convention,  immediately 
upon  the  exchange  of  the  ratifications  thereof,  all  the  terri 
tory  and  dominion  now  possessed  by  his  said  Majesty  on 
the  continent  of  America  and  in  adjacent  islands,  the  same 
being  contained  within  the  geographical  limits  herein  set 
forth,  to  wit:  The  eastern  limit  is  the  line  of  demarcation 
between  the  Russian  and  the  British  possessions  in  North 

S35 


NATIONAL     DOCUMENTS 

America,  as  established  by  the  convention  between  Russia 
and  Great  Britain,  of  February  28-16,  1825,  and  described 
in  Articles  III  and  IV  of  said  convention,  in  the  following 
terms : 

"  Commencing  from  the  southernmost  point  of  the  island 
called  Prince  of  Wales  Island,  which  point  lies  in  the  paral 
lel  of  54  degrees  40  minutes  north  latitude,  and  between 
the  131st  and  133d  degree  of  west  longitude  (meridian 
of  Greenwich),  the  said  line  shall  ascend  to  the  north  along 
the  channel  called  Portland  Channel,  as  far  as  the  point  of 
the  continent  where  it  strikes  the  56th  degree  of  north  lati 
tude;  from  this  last-mentioned  point,  the  line  of  demarca 
tion  shall  follow  the  summit  of  the  mountains  situated 
parallel  to  the  coast,  as  far  as  the  point  of  intersection  of 
the  141st  degree  of  west  longitude  (of  the  same  meridian)  ; 
and  finally,  from  the  said  point  of  intersection,  the  said 
meridian  line  of  the  141st  degree,  in  its  prolongation  as  far 
as  the  Frozen  Ocean. 

"  IV  With  reference  to  the  line  of  demarcation  laid 
down  in  the  preceding  article,  it  is  understood — 

"  1st  That  the  island  called  Prince  of  Wales  Island  shall 
belong  wholly  to  Russia "  (now,  by  this  cession  to  the 
United  States). 

"  2d  That  whenever  the  summit  of  the  mountains  which 
extend  in  a  direction  parallel  to  the  coast  from  the  56th 
degree  of  north  latitude  to  the  point  of  intersection  of  the 
141st  degree  of  west  longitude  shall  prove  to  be  at  the 
distance  of  more  than  ten  marine  leagues  from  the  ocean, 
the  limit  between  the  British  possessions  and  the  line  of 
coast  which  is  to  belong  to  Russia  as  above  mentioned  (that 
is  to  say,  the  limit  to  the  possessions  ceded  by  this  conven 
tion),  shall  be  formed  by  a  line  parallel  to  the  winding 
of  the  coast,  and  which  shall  never  exceed  the  distance  of 
ten  marine  leagues  therefrom." 

336 


NATIONAL     DOCUMENTS 

The  western  limit  within  which  the  territories  and  domin 
ion  conveyed  are  contained  passes  through  a  point  in  Beh 
ring's  Straits  on  the  parallel  of  sixty-five  degrees  thirty 
minutes  north  latitude,  at  its  intersection  by  the  meridian 
which  passes  midway  between  the  islands  of  Krusenstern 
or  Ignalook,  and  the  island  of  Ratmanoff,  or  Noonarbook, 
and  proceeds  due  north  without  limitation,  into  the  same 
Frozen  Ocean.  The  same  western  limit,  beginning  at  the 
same  initial  point,  proceeds  thence  in  a  course  nearly  south 
west,  through  Behring's  Straits  and  Behring's  Sea,  so  as 
to  pass  midway  between  the  northwest  point  of  the  island  of 
St.  Lawrence  and  the  southeast  point  of  Cape  Choukotski, 
to  the  meridian  of  one  hundred  and  seventy-two  west  longi 
tude;  thence,  from  the  intersection  of  that  meridian,  in  a 
southwesterly  direction,  so  as  to  pass  midway  between  the 
island  of  Attou  and  the  Copper  Island  of  the  Kormandorski 
couplet  or  group,  in  the  North  Pacific  Ocean,  to  the  meridian 
of  one  hundred  and  ninety-three  degrees  west  longitude,  so 
as  to  include  in  the  territory  conveyed  the  whole  of  the 
Aleutian  Islands  east  of  that  meridian. 


ARTICLE    II 

In  the  cession  of  territory  and  dominion  made  by  the 
preceding  article  are  included  the  right  of  property  in  all 
public  lots  and  squares,  vacant  lands,  and  all  public  build 
ings,  fortifications,  barracks,  and  other  edifices  which  are 
not  private  individual  property.  It  is,  however,  understood 
and  agreed,  that  the  churches  which  have  been  built  in  the 
ceded  territory  by  the  Russian  Government,  shall  remain 
the  property  of  such  members  of  the  Greek  Oriental  Church 
resident  in  the  territory  as  may  choose  to  worship  therein. 
Any  Government  archives,  papers,  and  documents  relative 
to  the  territory  and  dominion  aforesaid,  which  may  now 

337 


NATIONAL     DOCUMENTS 

be  existing  there,  will  be  left  in  the  possession  of  the  agent 
of  the  United  States;  but  an  authenticated  copy  of  such 
of  them  as  may  be  required,  will  be,  at  all  times,  given  by 
the  United  States  to  the  Russian  Government,  or  to  such 
Russian  officers  or  subjects  as  they  may  apply  for. 


ARTICLE    III 

The  inhabitants  of  the  ceded  territory,  according  to  their 
choice,  reserving  their  natural  allegiance,  may  return  to 
Russia  within  three  years;  but  if  they  should  prefer  to 
remain  in  the  ceded  territory,  they,  with  the  exception  of 
uncivilized  native  tribes,  shall  be  admitted  to  the  enjoyment 
of  all  the  rights,  advantages,  and  immunities  of  citizens  of 
the  United  States,  and  shall  be  maintained  and  protected  in 
the  free  enjoyment  of  their  liberty,  property,  and  religion. 
The  uncivilized  tribes  will  be  subj  ect  to  such  laws  and  regu 
lations  as  the  United  States  may  from  time  to  time  adopt 
in  regard  to  aboriginal  tribes  of  that  country. 


ARTICLE    IV 

His  Majesty,  the  Emperor  of  all  the  Russias  shall 
appoint,  with  convenient  despatch,  an  agent  or  agents  for 
the  purpose  of  formally  delivering  to  a  similar  agent  or 
agents,  appointed  on  behalf  of  the  United  States,  the  terri 
tory,  dominion,  property,  dependencies,  and  appurtenances 
which  are  ceded  as  above,  and  for  doing  any  other  act  which 
may  be  necessary  in  regard  thereto.  But  the  cession,  with 
the  right  of  immediate  possession,  is  nevertheless  to  be 
deemed  complete  and  absolute  on  the  exchange  of  ratifica 
tions,  without  waiting  for  such  formal  delivery. 


NATIONAL     DOCUMENTS 

ARTICLE    V 

Immediately  after  the  exchange  of  the  ratifications  of 
this  convention,  any  fortifications  or  military  posts  which 
may  be  in  the  ceded  territory  shall  be  delivered  to  the  agent 
of  the  United  States,  and  any  Russian  troops  which  may 
be  in  the  territory  shall  be  withdrawn  as  soon  as  may  be 
reasonably  and  conveniently  practicable. 


ARTICLE  VI 

In  consideration  of  the  cession  aforesaid,  the  United 
States  agree  to  pay  at  the  Treasury  in  Washington,  within 
ten  months  after  the  exchange  of  the  ratifications  of  this 
convention,  to  the  diplomatic  representative  or  other  agent 
of  His  Majesty  the  Emperor  of  all  the  Russias,  duly 
authorized  to  receive  the  same,  seven  million  two  hundred 
thousand  dollars  in  gold.  The  cession  of  territory  and 
dominion  herein  made  is  hereby  declared  to  be  free  and 
unincumbered  by  any  reservations,  privileges,  franchises, 
grants,  or  possessions,  by  any  associated  companies,  whether 
corporate  or  incorporate,  Russian  or  any  other,  or  by  any 
parties,  except  merely  private  individual  property-holders; 
and  the  cession  hereby  made  conveys  all  the  rights,  fran 
chises,  and  privileges  now  belonging  to  Russia  in  the  said 
territory  or  dominion,  and  appurtenances  thereto. 


ARTICLE    VII 

When  this  convention  shall  have  been  duly  ratified  by 
the  President  of  the  United  States,  by  and  with  the  advice 
and  consent  of  the  Senate,  on  the  one  part,  and,  on  the  other, 
by  His  Majesty  the  Emperor  of  all  the  Russias,  the  ratifi- 


NATIONAL     DOCUMENTS 

cations    shall   be   exchanged   at    Washington   within    three 
months  from  the  date  thereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have 
signed  this  convention,  and  thereto  affixed  the  seals  of  their 
arms. 

Done  at  Washington  the  thirtieth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
seven. 

WILLIAM   H.   SEWARD       [L.  s.] 
EDOUARD  DE   STOECKL     [L.  s.] 


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Treaty  with  Great  Britain    1871 

Treaty  between  the  United  States  of  America  and  Her 
Britannic  Majesty  for  an  Amicable  Settlement  of  all  Causes 
of  Difference  between  the  Two  Countries,  Concluded  at 
Washington  May  8,  1871;  Ratification  Advised  by  Senate 
May  24,  1871;  Ratified  by  President  May  25,  1871;  Rati 
fications  Exchanged  at  London  June  17,  1871;  Proclaimed 
July  4,  1871. 

The  United  States  of  America  and  Her  Britannic  Maj 
esty,  being  desirous  to  provide  for  an  amicable  settlement 
of  all  causes  of  difference  between  the  two  countries,  have 
for  that  purpose  appointed  their  respective  Plenipoten 
tiaries,  that  is  to  say:  The  President  of  the  United  States 
has  appointed,  on  the  part  of  the  United  States,  as  Com 
missioners  in  a  Joint  High  Commission  and  Plenipoten 
tiaries,  Hamilton  Fish,  Secretary  of  State,  Robert 
Gumming  Schenck,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  Great  Britain;  Samuel  Nelson,  an 
Associate  Justice  of  the  Supreme  Court  of  the  United 
States;  Ebenezer  Rockwood  Hoar,  of  Massachusetts;  and 
George  Henry  Williams,  of  Oregon;  and  Her  Britannic 
Majesty,  on  her  part,  has  appointed  as  her  High  Commis 
sioners  and  Plenipotentiaries,  the  Right  Honourable  George 
Frederick  Samuel,  Earl  de  Grey  and  Earl  of  Ripon,  Vis 
count  Goderich,  Baron  Grantham,  a  Baronet,  a  Peer  of  the 
United  Kingdom,  Lord  President  of  Her  Majesty's  Most 
Honourable  Privy  Council,  Knight  of  the  Most  Noble  Order 
of  the  Garter,  etc.,  etc. ;  the  Right  Honourable  Sir  Stafford 
Henry  Northcote,  Baronet,  one  of  Her  Majesty's  Most 
Honourable  Privy  Council,  a  Member  of  Parliament,  a 


NATIONAL     DOCUMENTS 

Companion  of  the  Most  Honourable  Order  of  the  Bath, 
etc.,  etc. ;  Sir  Edward  Thornton,  Knight  Commander  of  the 
Most  Honourable  Order  of  the  Bath,  Her  Majesty's  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States  of  America;  Sir  John  Alexander  Macdonald,  Knight 
Commander  of  the  Most  Honourable  Order  of  the  Bath, 
a  Member  of  Her  Majesty's  Privy  Council  for  Canada,  and 
Minister  of  Justice  and  Attorney  General  of  Her  Majesty's 
Dominion  of  Canada;  and  Mountague  Bernard,  Esquire, 
Chichele  Professor  of  International  Law  in  the  University 
of  Oxford. 

And  the  said  Plenipotentiaries,  after  having  exchanged 
their  full  powers,  which  were  found  to  be  in  due  and  proper 
form,  have  agreed  to  and  concluded  the  following  articles: 

ARTICLE    I 

Whereas  differences  have  arisen  between  the  Government 
of  the  United  States  and  the  Government  of  Her  Britannic 
Mjajesty,  and  still  exist,  growing  out  of  the  acts  committed 
by  the  several  vessels  which  have  given  rise  to  the  claims 
generically  known  as  the  "  Alabama  Claims :  " 

And  whereas  Her  Britannic  Majesty  has  authorized  her 
High  Commissioners  and  Plenipotentiaries  to  express,  in  a 
friendly  spirit,  the  regret  felt  by  Her  Majesty's  Govern 
ment  for  the  escape,  under  whatever  circumstances,  of  the 
Alabama  and  other  vessels  from  British  ports,  and  for  the 
depredations  committed  by  those  vessels: 

Now,  in  order  to  remove  and  adjust  all  complaints  and 
claims  on  the  part  of  the  United  States,  and  to  provide  for 
the  speedy  settlement  of  such  claims  which  are  not  admitted 
by  Her  Britannic  Majesty's  Government,  the  high  contract 
ing  parties  agree  that  all  the  said  claims,  growing  out  of 
acts  committed  by  the  aforesaid  vessels,  and  generically 

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known  as  the  "Alabama  Claims/'  shall  be  referred  to  a 
tribunal  of  arbitration  to  be  composed  of  five  Arbitrators, 
to  be  appointed  in  the  following  manner,  that  is  to  say: 
One  shall  be  named  by  the  President  of  the  United  States; 
one  shall  be  named  by  Her  Britannic  Majesty;  His  Maj 
esty  the  King  of  Italy  shall  be  requested  to  name  one; 
the  President  of  the  Swiss  Confederation  shall  be  requested 
to  name  one;  and  His  Majesty  the  Emperor  of  Brazil  shall 
be  requested  to  name  one. 

In  case  of  the  death,  absence,  or  incapacity  to  serve  of  any 
or  either  of  the  said  Arbitrators,  or,  in  the  event  of  either  of 
the  said  Arbitrators  omitting  or  declining  or  ceasing  to 
act  as  such,  the  President  of  the  United  States,  or  Her 
Britannic  Majesty,  or  His  Majesty  the  King  of  Italy,  or 
the  President  of  the  Swiss  Confederation,  or  His  Majesty 
the  Emperor  of  Brazil,  as  the  case  may  be,  may  forthwith 
name  another  person  to  act  as  Arbitrator  in  the  place  and 
stead  of  the  Arbitrator  originally  named  by  such  head  of 
a  State. 

And  in  the  event  of  the  refusal  or  omission  for  two 
months  after  receipt  of  the  request  from  either  of  the  high 
contracting  parties  of  His  Majesty  the  King  of  Italy,  or 
the  President  of  the  Swiss  Confederation,  or  His  Majesty 
the  Emperor  of  Brazil,  to  name  an  Arbitrator  either  to  fill 
the  original  appointment  or  in  the  place  of  one  who  may 
have  died,  be  absent,  or  incapacitated,  or  who  may  omit, 
decline,  or  from  any  cause  cease  to  act  as  such  Arbitrator, 
His  Majesty  the  King  of  Sweden  and  Norway  shall  be 
requested  to  name  one  or  more  persons,  as  the  case  may  be, 
to  act  as  such  Arbitrator  or  Arbitrators. 

ARTICLE    II 

The  Arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at 
the  earliest  convenient  day  after  they  shall  have  been  named, 

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and  shall  proceed  impartially  and  carefully  to  examine 
and  decide  all  questions  that  shall  be  laid  before  them  on 
the  part  of  the  Governments  of  the  United  States  and  Her 
Britannic  Majesty  respectively.  All  questions  considered 
by  the  tribunal,  including  the  final  award,  shall  be  decided 
by  a  majority  of  all  the  Arbitrators. 

Each  of  the  high  contracting  parties  shall  also  name  one 
person  to  attend  the  tribunal  as  its  Agent  to  represent  it 
generally  in  all  matters  connected  with  the  arbitration. 

ARTICLE    III 

The  written  or  printed  case  of  each  of  the  two  parties, 
accompanied  by  the  documents,  the  official  correspondence, 
and  other  evidence  on  which  each  relies,  shall  be  delivered 
in  duplicate  to  each  of  the  Arbitrators  and  to  the  Agent  of 
the  other  party  as  soon  as  may  be  after  the  organization 
of  the  tribunal,  but  within  a  period  not  exceeding  six  months 
from  the  date  of  the  exchange  of  the  ratifications  of  this 
treaty. 

ARTICLE    IV 

Within  four  months  after  the  delivery  on  both  sides  of 
the  written  or  printed  case,  either  party  may,  in  like  man 
ner,  deliver  in  duplicate  to  each  of  the  said  Arbitrators,  and 
to  the  Agent  of  the  other  party,  a  counter  case  and  addi 
tional  documents,  correspondence,  and  evidence,  in  reply 
to  the  case,  documents,  correspondence,  and  evidence  so 
presented  by  the  other  party. 

The  Arbitrators  may,  however,  extend  the  time  for  deliv 
ering  such  counter  case,  documents,  correspondence,  and 
evidence,  when,  in  their  judgment,  it  becomes  necessary, 
in  consequence  of  the  distance  of  the  place  from  which  the 
evidence  to  be  presented  is  to  be  procured. 

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NATIONAL     DOCUMENTS 

If  in  the  case  submitted  to  the  Arbitrators  either  party 
shall  have  specified  or  alluded  to  any  report  or  document 
in  its  own  exclusive  possession  without  annexing  a  copy, 
such  party  shall  be  bound,  if  the  other  party  thinks  proper 
to  apply  for  it,  to  furnish  that  party  with  a  copy  thereof ; 
and  either  party  may  call  upon  the  other,  through  the  Arbi 
trators,  to  produce  the  originals  or  certified  copies  of  any 
papers  adduced  as  evidence,  giving  in  each  instance  such 
reasonable  notice  as  the  Arbitrators  may  require. 


ARTICLE     V 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within 
two  months  after  the  expiration  of  the  time  limited  for  the 
delivery  of  the  counter  case  on  both  sides,  to  deliver  in 
duplicate  to  each  of  the  said  Arbitrators  and  to  the  Agent  of 
the  other  party  a  written  or  printed  argument  showing 
the  points  and  referring  to  the  evidence  upon  which  his 
Government  relies;  and  the  Arbitrators  may,  if  they  desire 
further  elucidation  with  regard  to  any  point,  require  a 
written  or  printed  statement  or  argument,  or  oral  argument 
by  counsel,  upon  it;  but  in  such  case  the  other  party  shall 
be  entitled  to  reply  either  orally  or  in  writing,  as  the  case 
may  be. 

ARTICLE    VI 

In  deciding  the  matters  submitted  to  the  Arbitrators, 
they  shall  be  governed  by  the  following  three  rules,  which 
are  agreed  upon  by  the  high  contracting  parties  as  rules 
to  be  taken  as  applicable  to  the  case,  and  by  such  principles 
of  international  law  not  inconsistent  therewith  as  the  Ar 
bitrators  shall  determine  to  have  been  applicable  to  the 
case. 

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RULES 

A  neutral  Government  is  bound — 

First,  to  use  due  diligence  to  prevent  the  fitting  out, 
arming,  or  equipping,  within  its  jurisdiction,  of  any  vessel 
which  it  has  reasonable  ground  to  believe  is  intended  to 
cruise  or  to  carry  on  war  against  a  Power  with  which  it  is 
at  peace;  and  also  to  use  like  diligence  to  prevent  the 
departure  from  its  jurisdiction  of  any  vessel  intended  to 
cruise  or  carry  on  war  as  above,  such  vessel  having  been 
specially  adapted,  in  whole  or  in  part,  within  such  juris 
diction,  to  warlike  use. 

Secondly,  not  to  permit  or  suffer  either  belligerent  to 
make  use  of  its  ports  or  waters  as  the  base  of  naval  oper 
ations  against  the  other,  or  for  the  purpose  of  the  renewal 
or  augmentation  of  military  supplies  or  arms,  or  the  recruit 
ment  of  men. 

Thirdly,  to  exercise  due  diligence  in  its  own  ports  and 
waters,  and,  as  to  all  persons  within  its  jurisdiction,  to 
prevent  any  violation  of  the  foregoing  obligations  and 
duties. 

Her  Britannic  Majesty  has  commanded  her  High. Com 
missioners  and  Plenipotentiaries  to  declare  that  Her  Maj 
esty's  Government  cannot  assent  to  the  foregoing  rules  as 
a  statement  of  principles  of  international  law  which  were 
in  force  at  the  time  when  the  claims  mentioned  in  Article 
I  arose,  but  that  Her  Majesty's  Government,  in  order  to 
evince  its  desire  of  strengthening  the  friendly  relations 
between  the  two  countries  and  of  making  satisfactory  pro 
vision  for  the  future,  agrees  that  in  deciding  the  questions 
between  the  two  countries  arising  out  of  those  claims,  the 
Arbitrators  should  assume  that  Her  Majesty's  Government 
had  undertaken  to  act  upon  the  principles  set  forth  in  these 
rules. 

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NATIONAL     DOCUMENTS 

And  the  high  contracting  parties  agree  to  observe  these 
rules  as  between  themselves  in  future,  and  to  bring  them 
to  the  knowledge  of  other  maritime  Powers,  and  to  invite 
them  to  accede  to  them. 


ARTICLE    VII 

The  decision  of  the  tribunal  shall,  if  possible,  be  made 
within  three  months  from  the  close  of  the  argument  on  both 
sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be 
signed  by  the  Arbitrators  who  may  assent  to  it. 

The  said  tribunal  shall  first  determine  as  to  each  vessel 
separately  whether  Great  Britain  has,  by  any  act  or  omis 
sion,  failed  to  fulfil  any  of  the  duties  set  forth  in  the  fore 
going  three  rules,  or  recognized  by  the  principles  of  inter 
national  law  not  inconsistent  with  such  rules,  and  shall 
certify  such  fact  as  to  each  of  the  said  vessels.  In  case 
the  tribunal  find  that  Great  Britain  has  failed  to  fulfil  any 
duty  or  duties  as  aforesaid,  it  may,  if  it  think  proper,  pro 
ceed  to  award  a  sum  in  gross  to  be  paid  by  Great  Britain 
to  the  United  States  for  all  the  claims  referred  to  it;  and 
in  such  case  the  gross  sum  so  awarded  shall  be  paid  in  coin 
by  the  Government  of  Great  Britain  to  the  Government 
of  the  United  States,  at  Washington,  within  twelve  months 
after  the  date  of  the  award. 

The  award  shall  be  in  duplicate,  one  copy  whereof  shall 
be  delivered  to  the  Agent  of  the  United  States  for  his 
Government,  and  the  other  copy  shall  be  delivered  to  the 
Agent  of  Great  Britain  for  his  Government. 

ARTICLE    VIII 

Each  Government  shall  pay  its  own  Agent  and  provide 
for  the  proper  remuneration  of  the  counsel  employed  by  it 

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and  of  the  Arbitrator  appointed  by  it,  and  for  the  expense 
of  preparing  and  submitting  its  case  to  the  tribunal.  All 
other  expenses  connected  with  the  arbitration  shall  be 
defrayed  by  the  two  Governments  in  equal  moieties. 


ARTICLE    IX 

The  Arbitrators  shall  keep  an  accurate  record  of  their 
proceedings,  and  may  appoint  and  employ  the  necessary 
officers  to  assist  them. 

ARTICLE    X 

In  case  the  tribunal  finds  that  Great  Britain  has  failed 
to  fulfil  any  duty  or  duties  as  aforesaid,  and  does  not  award 
a  sum  in  gross,  the  high  contracting  parties  agree  that  a 
board  of  assessors  shall  be  appointed  to  ascertain  and 
determine  what  claims  are  valid,  and  what  amount  or 
amounts  shall  be  paid  by  Great  Britain  to  the  United  States 
on  account  of  the  liability  arising  from  such  failure,  as  to 
each  vessel,  according  to  the  extent  of  such  liability  as 
decided  by  the  Arbitrators. 

The  board  of  assessors  shall  be  constituted  as  follows: 
One  member  thereof  shall  be  named  by  the  President  of 
the  United  States,  one  member  thereof  shall  be  named 
by  Her  Britannic  Majesty,  and  one  member  thereof  shall 
be  named  by  the  Representative  at  Washington  of  His  Maj 
esty  the  King  of  Italy;  and  in  case  of  a  vacancy  happening 
from  any  cause,  it  shall  be  filled  in  the  same  manner  in 
which  the  original  appointment  was  made. 

As  soon  as  possible  after  such  nominations  the  board  of 
assessors  shall  be  organized  in  Washington,  with  power  to 
hold  their  sittings  there,  or  in  New  York,  or  in  Boston.  The 
members  thereof  shall  severally  subscribe  a  solemn  declara 
tion  that  they  will  impartially  and  carefully  examine  and 

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decide,  to  the  best  of  their  judgment  and  according  to 
justice  and  equity,  all  matters  submitted  to  them,  and  shall 
forthwith  proceed,  under  such  rules  and  regulations  as  they 
may  prescribe,  to  the  investigation  of  the  claims  which  shall 
be  presented  to  them  by  the  Government  of  the  United 
States,  and  shall  examine  and  decide  upon  them  in  such 
order  and  manner  as  they  may  think  proper,  but  upon  such 
evidence  or  information  only  as  shall  be  furnished  by  or 
on  behalf  of  the  Governments  of  the  United  States  and  of 
Great  Britain,  respectively.  They  shall  be  bound  to  hear 
on  each  separate  claim,  if  required,  one  person  on  behalf 
of  each  Government,  as  counsel  or  agent.  A  majority  of 
the  Assessors  in  each  case  shall  be  sufficient  for  a  decision. 

The  decision  of  the  Assessors  shall  be  given  upon  each 
claim  in  writing,  and  shall  be  signed  by  them  respectively 
and  dated. 

Every  claim  shall  be  presented  to  the  Assessors  within 
six  months  from  the  day  of  their  first  meeting,  but  they 
may,  for  good  cause  shown,  extend  the  time  for  the  presen 
tation  of  any  claim  to  a  further  period  not  exceeding  three 
months. 

The  Assessors  shall  report  to  each  Government,  at  or 
before  the  expiration  of  one  year  from  the  date  of  their 
first  meeting,  the  amount  of  claims  decided  by  them  up  to 
the  date  of  such  report ;  if  further  claims  then  remain  unde 
cided,  they  shall  make  a  further  report  at  or  before  the 
expiration  of  two  years  from  the  date  of  such  first  meeting; 
and  in  case  any  claims  remain  undetermined  at  that  time, 
they  shall  make  a  final  report  within  a  further  period  of 
six  months. 

The  report  or  reports  shall  be  made  in  duplicate,  and 
one  copy  thereof  shall  be  delivered  to  the  Secretary  of  State 
of  the  United  States,  and  one  copy  thereof  to  the  Represent 
ative  of  Her  Britannic  Majesty  at  Washington. 

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All  sums  of  money  which  may  be  awarded  under  this 
article  shall  be  payable  at  Washington,  in  coin,  within  twelve 
months  after  the  delivery  of  each  report. 

The  board  of  assessors  may  employ  such  clerks  as  they 
shall  think  necessary. 

The  expenses  of  the  board  of  assessors  shall  be  borne 
equally  by  the  two  Governments,  and  paid  from  time  to 
time,  as  may  be  found  expedient,  on  the  production  of 
accounts  certified  by  the  board.  The  remuneration  of  the 
Assessors  shall  also  be  paid  by  the  two  Governments  in 
equal  moieties  in  a  similar  manner. 

ARTICLE    XI 

The  high  contracting  parties  engage  to  consider  the  result 
of  the  proceedings  of  the  tribunal  of  arbitration  and  of  the 
board  of  Assessors,  should  such  board  be  appointed,  as  a 
full,  perfect,  final  settlement  of  all  the  claims  hereinbefore 
referred  to,  and  further  engage  that  every  such  claim, 
whether  the  same  may  or  may  not  have  been  presented  to 
the  notice  of,  made,  preferred,  or  laid  before  the  tribunal 
or  board,  shall,  from  and  after  the  conclusion  of  the  pro 
ceedings  of  the  tribunal  or  board,  be  considered  and  treated 
as  finally  settled,  barred,  and  thenceforth  inadmissible. 

ARTICLE    XII 

The  high  contracting  parties  agree  that  all  claims  on  the 
part  of  corporations,  companies,  or  private  individuals, 
citizens  of  the  United  States,  upon  the  Government  of  Her 
Britannic  Majesty,  arising  out  of  acts  committed  against 
the  persons  or  property  of  citizens  of  the  United  States 
during  the  period  between  the  thirteenth  of  April,  eighteen 
hundred  and  sixty-one,  and  the  ninth  of  April,  eighteen 

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hundred  and  sixty-five,  inclusive,  not  being  claims  growing 
out  of  the  acts  of  the  vessels  referred  to  in  Article  I  of  this 
treaty,  and  all  claims,  with  the  like  exception,  on  the  part  of 
corporations,  companies,  or  private  individuals,  subjects  of 
Her  Britannic  Majesty,  upon  the  Government  of  the  United 
States,  arising  out  of  acts  committed  against  the  persons 
or  property  of  subjects  of  Her  Britannic  Majesty  during 
the  same  period,  which  may  have  been  presented  to  either 
Government  for  its  interposition  with  the  other,  and  which 
yet  remain  unsettled,  as  well  as  any  other  such  claims  which 
may  be  presented  within  the  time  specified  in  Article  XIV 
of  this  treaty,  shall  be  referred  to  three  Commissioners,  to 
be  appointed  in  the  following  manner,  that  is  to  say:  One 
Commissioner  shall  be  named  by  the  President  of  the  United 
States,  one  by  Her  Britannic  Majesty,  and  a  third  by  the 
President  of  the  United  States  and  Her  Britannic  Majesty 
conjointly;   and  in   case  the  third  Commissioner  shall  not 
have  been  so  named  within  a  period  of  three  months  from 
the  date  of  the  exchange  of  the  ratifications  of  this  treaty, 
then  the  third  Commissioner  shall  be  named  by  the  Repre 
sentative  at  Washington  of  His  Majesty  the  King  of  Spain. 
In  case  of  the  death,  absence,  or  incapacity  of  any  Commis 
sioner,  or  in  the  event   of  any  Commissioner  omitting  or 
ceasing  to  act,  the  vacancy  shall  be  filled  in  the  manner 
hereinbefore    provided    for   making   the    original    appoint 
ment;  the  period  of  three  months  in  case  of  such  substitu 
tion  being  calculated  from  the  date  of  the  happening  of 
the  vacancy. 

The  Commissioners  so  named  shall  meet, at  Washington  at 
the  earliest  convenient  period  after  they  have  been  respec 
tively  named;  and  shall,  before  proceeding  to  any  business, 
make  and  subscribe  a  solemn  declaration  that  they  will  im 
partially  and  carefully  examine  and  decide,  to  the  best  of 
their  judgment,  and  according  to  justice  and  equity,  all  such 

351 


NATIONAL     DOCUMENTS 

claims  as  shall  be  laid  before  them  on  the  part  of  the  Govern 
ments  of  the  United  States  and  of  Her  Britannic  Majesty, 
respectively;  and  such  declaration  shall  be  entered  on  the 
record  of  their  proceedings. 


ARTICLE    XIII 

The  Commissioners  shall  then  forthwith  proceed  to  the 
investigation  of  the  claims  which  shall  be  presented  to  them. 
They  shall  investigate  and  decide  such  claims  in  such  order 
and  such  manner  as  they  may  think  proper,  but  upon  such 
evidence  or  information  only  as  shall  be  furnished  by  or 
on  behalf  of  the  respective  Governments.  They  shall  be 
bound  to  receive  and  consider  all  written  documents  or  state 
ments  which  may  be  presented  to  them  by  or  on  behalf  of 
the  respective  Governments  in  support  of,  or  in  answer  to, 
Any  claim,  and  to  hear,  if  required,  one  person  on  each  side, 
on  behalf  of  each  Government,  as  counsel  or  agent  for 
such  Government,  on  each  and  every  separate  claim.  A 
majority  of  the  Commissioners  shall  be  sufficient  for  an 
award  in  each  case.  The  award  shall  be  given  upon  each 
claim  in  writing,  and  shall  be  signed  by  the  Commissioners 
assenting  to  it.  It  shall  be  competent  for  each  Government 
to  name  one  person  to  attend  the  Commissioners  as  its  agent, 
to  present  and  support  claims  on  its  behalf,  and  to  answer 
claims  made  upon  it,  and  to  represent  it  generally  in  all 
matters  connected  with  the  investigation  and  decision 
thereof. 

The  high  contracting  parties  hereby  engage  to  consider 
the  decision  of  the  Commissioners  as  absolutely  final  and 
conclusive  upon  each  claim  decided  upon  by  them,  and  to  give 
full  effect  to  such  decisions  without  any  objection,  evasion, 
or  delay  whatsoever. 

352 


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ARTICLE    XIV 

Every  claim  shall  be  presented  to  the  Commissioners 
within  six  months  from  the  day  of  their  first  meeting,  unless 
in  any  case  where  reasons  for  delay  shall  be  established 
to  the  satisfaction  of  the  Commissioners,  and  then,  and  in 
any  such  case,  the  period  for  presenting  the  claim  may  be 
extended  by  them  to  any  time  not  exceeding  three  months 
longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide 
upon  every  claim  within  two  years  from  the  day  of  their 
first  meeting.  It  shall  be  competent  for  the  Commissioners 
to  decide  in  each  case  whether  any  claim  has  or  has  not  been 
duly  made,  preferred,  and  laid  before  them,  either  wholly 
or  to  any  and  what  extent,  according  to  the  true  intent  and 
meaning  of  this  treaty. 

ARTICLE    XV 

All  sums  of  money  which  may  be  awarded  by  the  Com 
missioners  on  account  of  any  claim  shall  be  paid  by  the 
one  Government  to  the  other,  as  the  case  may  be,  within 
twelve  months  after  the  date  of  the  final  award,  without 
interest,  and  without  any  deduction  save  as  specified  in 
Article  XVI  of  this  treaty. 

ARTICLE    XVI 

The  Commissioners  shall  keep  an  accurate  record,  and 
correct  minutes  or  notes  of  all  their  proceedings,  with  the 
dates  thereof,  and  may  appoint  and  employ  a  secretary,  and 
any  other  necessary  officer,  or  officers,  to  assist  them  in  the 
transaction  of  the  business  which  may  come  before  them. 

Each  Government  shall  pay  its  own  Commissioner  and 
353 


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Agent  or  Counsel.     All  other  expenses  shall  be  defrayed 
by  the  two  Governments  in  equal  moieties. 

The  whole  expenses  of  the  commission,  including  con 
tingent  expenses,,  shall  be  defrayed  by  a  ratable  deduction 
on  the  amount  of  the  sums  awarded  by  the  Commissioners,, 
provided  always  that  such  deduction  shall  not  exceed  the 
rate  of  five  per  cent,  on  the  sums  so  awarded. 


ARTICLE    XVII 

The  high  contracting  parties  engage  to  consider  the  result 
of  the  proceedings  of  this  commission  as  a  full,  perfect,  and 
final  settlement  of  all  such  claims  as  are  mentioned  in 
Article  XII  of  this  treaty  upon  either  Government;  and  fur 
ther  engage  that  every  such  claim,  whether  or  not  the  same 
may  have  been  presented  to  the  notice  of,  made,  preferred, 
or  laid  before  the  said  commission,  shall,  from  and  after 
the  conclusion  of  the  proceedings  of  the  said  commission,  be 
considered  and  treated  as  finally  settled,  barred,  and  thence 
forth  inadmissible. 

ARTICLE     XVIII 

It  is  agreed  by  the  high  contracting  parties  that,  in  addi 
tion  to  the  liberty  secured  to  the  United  States  fishermen 
by  the  convention  between  the  United  States  and  Great 
Britain,  signed  at  London  on  the  20th  day  of  October,  1818, 
of  taking,  curing,  and  drying  fish  on  certain  coasts  of  the 
British  North  American  Colonies  therein  defined,  the  inhabit 
ants  of  the  United  States  shall  have,  in  common  with  the  sub 
jects  of  Her  Britannic  Majesty,  the  liberty,  for  the  term  of 
years  mentioned  in  Article  XXXIII  of  this  treaty,  to  take 
fish  of  every  kind,  except  shell-fish,  on  the  sea-coasts  arid 
shores,  and  in  the  bays,  harbours,  and  creeks,  of  the  provinces 
of  Quebec,  Nova  Scotia,  and  New  Brunswick,  and  the  colony 

354, 


NATIONAL     DOCUMENTS 

of  Prince  Edward's  Island,  and  of  the  several  islands  there 
unto  adjacent,  without  being  restricted  to  any  distance  from 
the  shore,  with  permission  to  land  upon  the  said  coasts  and 
shores  and  islands,  and  also  upon  the  Magdalen  Islands, 
for  the  purpose  of  drying  their  nets  and  curing  their  fish ; 
provided  that,  in  so  doing,  they  do  not  interfere  with  the 
rights  of  private  property,  or  with  British  fishermen,  in 
the  peaceable  use  of  any  part  of  the  said  coasts  in  their 
occupancy  for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  the  salmon  and  shad  fish 
eries,  and  all  other  fisheries  in  rivers  and  the  mouths  of 
rivers,  are  hereby  reserved  exclusively  for  British  fishermen. 


ARTICLE    XIX 

It  is  agreed  by  the  high  contracting  parties  that  British 
subjects  shall  have,  in  common  with  the  citizens  of  the 
United  States,  the  liberty,  for  the  term  of  years  mentioned 
in  Article  XXXIII  of  this  treaty,  to  take  fish  of  every  kind, 
except  shell-fish,  on  the  eastern  sea-coasts  and  shores  of 
the  United  States  north  of  the  thirty-ninth  parallel  of  north 
latitude,  and  on  the  shores  of  the  several  islands  thereunto 
adjacent,  and  in  the  bays,  harbours,  and  creeks  of  the  said 
sea-coasts  and  shores  of  the  United  States  and  of  the  said 
islands,  without  being  restricted  to  any  distance  from  the 
shore,  with  permission  to  land  upon  the  said  coasts  of  the 
United  States  and  of  the  islands  aforesaid,  for  the  purpose 
of  drying  their  nets  and  curing  their  fish;  provided  that, 
in  so  doing,  they  do  not  interfere  with  the  rights  of  private 
property,  or  with  the  fishermen  of  the  United  States  in  the 
peaceable  use  of  any  part  of  the  said  coasts  in  their  occu 
pancy  for  the  same  purpose. 

355 


NATIONAL     DOCUMENTS 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  salmon  and  shad  fisheries, 
and  all  other  fisheries  in  rivers  and  mouths  of  rivers,  are 
hereby  reserved  exclusively  for  fishermen  of  the  United 
States. 

ARTICLE    XX 

It  is  agreed  that  the  places  designated  by  the  Commis 
sioners  appointed  under  the  first  article  of  the  treaty 
between  the  United  States  and  Great  Britain,  concluded  at 
Washington  on  the  5th  of  June,  1854,  upon  the  coasts  of 
Her  Britannic  Majesty's  dominions  and  the  United  States,  as 
places  reserved  for  the  common  right  of  fishing  under  that 
treaty,  shall  be  regarded  as  in  like  manner  reserved  from 
the  common  right  of  fishing  under  the  preceding  articles. 
In  case  any  question  should  arise  between  the  Governments 
of  the  United  States  and  of  Her  Britannic  Majesty  as  to 
the  common  right  of  fishing  in  places  not  thus  designated 
as  reserved,  it  is  agreed  that  a  commission  shall  be  appointed 
to  designate  such  places,  and  shall  be  constituted  in  the  same 
manner,  and  have  the  same  powers,  duties,  and  authority  as 
the  commission  appointed  under  the  said  first  article  of  the 
treaty  of  the  5th  of  June,  1854. 


ARTICLE    XXI 

It  is  agreed  that,  for  the  term  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  fish  oil  and  fish  of  all  kinds 
(except  fish  of  the  inland  lakes,  and  of  the  rivers  falling 
into  them,  and  except  fish  preserved  in  oil),  being  the  prod 
uce  of  the  fisheries  of  the  United  States,  or  of  the  Dominion 
of  Canada,  or  of  Prince  Edward's  Island,  shall  be  admitted 
into  each  country,  respectively  free  of  duty. 

356 


NATIONAL     DOCUMENTS 


ARTICLE     XXII 


Inasmuch  as  it  is  asserted  by  the  Government  of  Her 
Britannic  Majesty  that  the  privileges  accorded  to  the  citi 
zens  of  the  United  States  under  Article  XVIII  of  this  treaty 
are  of  greater  value  than  those  accorded  by  Articles  XIX 
and  XXI  of  this  treaty  to  the  subjects  of  Her  Britannic 
Majesty,  and  this  assertion  is  not  admitted  by  the  Govern 
ment  of  the  United  States,  it  is  further  agreed  that  Com 
missioners  shall  be  appointed  to  determine,  having  regard 
to  the  privileges  accorded  by  the  United  States  to  the  sub 
jects  of  Her  Britannic  Majesty,  as  stated  in  Articles  XIX 
and  XXI  of  this  treaty,  the  amount  of  any  compensation 
which,  in  their  opinion,  ought  to  be  paid  by  the  Government 
of  the  United  States  to  the  Government  of  Her  Britannic 
Majesty  in  return  for  the  privileges  accorded  to  the  citizens 
of  the  United  States  under  Article  XVIII  of  this  treaty;  and 
that  any  sum  of  money  which  the  said  Commissioners  may 
so  award  shall  be  paid  by  the  United  States  Government, 
in  a  gross  sum,  within  twelve  months  after  such  award  shall 
have  been  given. 


ARTICLE     XXIII 


The  Commissioners  referred  to  in  the  preceding  article 
shall  be  appointed  in  the  following  manner,  that  is  to  say: 
One  Commissioner  shall  be  named  by  the  President  of  the 
United  States,  one  by  Her  Britannic  Majesty,  and  a  third 
by  the  President  of  the  United  States  and  Her  Britannic 
Majesty  conjointly;  and  in  case  the  third  Commissioner 
shall  not  have  been  so  named  within  a  period  of  three  months 
from  the  date  when  this  article  shall  take  effect,  then  the 
third  Commissioner  shall  be  named  by  the  Representative 
at  London  of  His  Majesty  the  Emperor  of  Austria  and 
King  of  Hungary.  In  case  of  the  death,  absence,  or  inca- 

357 


NATIONAL     DOCUMENTS 

pacity  of  any  Commissioner,  or  in  the  event  of  any  Com 
missioner  omitting  or  ceasing  to  act,  the  vacancy  shall  be 
filled  in  the  manner  hereinbefore  provided  for  making  the 
original  appointment,,  the  period  of  three  months  in  case 
of  such  substitution  being  calculated  from  the  date  of  the 
happening  of  the  vacancy. 

The  Commissioners  so  named  shall  meet  in  the  city  of 
Halifax,  in  the  province  of  Nova  Scotia,  at  the  earliest 
convenient  period  after  they  have  been  respectively  named, 
and  shall,  before  proceeding  to  any  business,  make  and  sub 
scribe  a  solemn  declaration  that  they  will  impartially  and 
carefully  examine  and  decide  the  matters  referred  to  them 
to  the  best  of  their  judgment,  and  according  to  justice  and 
equity;  and  such  declaration  shall  be  entered  on  the  record 
of  their  proceedings. 

Each  of  the  high  contracting  parties  shall  also  name  one 
person  to  attend  the  commission  as  its  Agent,  to  represent 
it  generally  in  all  matters  connected  with  the  commission. 


ARTICLE     XXIV 

The  proceedings  shall  be  conducted  in  such  order  as  the 
Commissioners  appointed  under  Articles  XXII  and  XXIII 
of  this  treaty  shall  determine.  They  shall  be  bound  to 
receive  such  oral  or  written  testimony  as  either  Government 
may  present.  If  either  party  shall  offer  oral  testimony, 
the  other  party  shall  have  the  right  of  cross-examination, 
under  such  rules  as  the  Commissioners  shall  prescribe. 

If  in  the  case  submitted  to  the  Commissioners  either 
party  shall  have  specified  or  alluded  to  any  report  or  docu 
ment  in  its  own  exclusive  possession,  without  annexing  a 
copy,  such  party  shall  be  bound,  if  the  other  party  thinks 
proper  to  apply  for  it,  to  furnish  that  party  with  a  copy 
thereof;  and  either  party  may  call  upon  the  other,  through 

358 


NATIONAL     DOCUMENTS 

the  Commissioners,  to  produce  the  originals  or  certified 
copies  of  any  papers  adduced  as  evidence,  giving  in  each 
instance  such  reasonable  notice  as  the  Commissioners  may 
require. 

The  case  on  either  side  shall  be  closed  within  a  period  of 
six  months  from  the  date  of  the  organization  of  the  Commis 
sion,,  and  the  Commissioners  shall  be  requested  to  give 
their  award  as  soon  as  possible  thereafter.  The  aforesaid 
period  of  six  months  may  be  extended  for  three  months 
in  case  of  a  vacancy  occurring  among  the  Commissioners 
under  the  circumstances  contemplated  in  Article  XXIII  of 
this  treaty. 

ARTICLE     XXV 

The  Commissioners  shall  keep  an  accurate  record  and 
correct  minutes  or  notes  of  all  their  proceedings,  with  the 
dates  thereof,  and  may  appoint  and  employ  a  Secretary 
and  other  necessary  officer  or  officers  to  assist  them  in  the 
transaction  of  the  business  which  may  come  before  them. 

Each  of  the  high  contracting  parties  shall  pay  its  own 
Commissioner  and  Agent  or  Counsel;  all  other  expenses 
shall  be  defrayed  by  the  two  Governments  in  equal  moieties. 


ARTICLE     XXVI 

The  navigation  of  the  river  St.  Lawrence,  ascending  and 
descending,  from  the  forty-fifth  parallel  of  north  latitude, 
where  it  ceases  to  form  the  boundary  between  the  two  coun 
tries,  from,  to,  and  into  the  sea,  shall  forever  remain  free 
and  open  for  the  purposes  of  commerce  to  the  citizens  of  the 
United  States,  subject  to  any  laws  and  regulations  of  Great 
Britain,  or  of  the  Dominion  of  Canada,  not  inconsistent 
with  such  privilege  of  free  navigation. 

The  navigation  of  the  rivers  Yukon,  Porcupine,  and  Stik- 

359 


NATIONAL     DOCUMENTS 

ine,  ascending  and  descending  from,,  to,  and  into  the  sea, 
shall  forever  remain  free  and  open  for  the  purposes  of  com 
merce  to  the  subjects  of  Her  Britannic  Majesty  and  to  the 
citizens  of  the  United  States,  subject  to  any  laws  and  regu 
lations  of  either  country  within  its  own  territory,  not  incon 
sistent  with  such  privilege  of  free  navigation. 


ARTICLE     XXVII 

The  Government  of  Her  Britannic  Majesty  engages  to 
urge  upon  the  Government  of  the  Dominion  of  Canada  to 
secure  to  the  citizens  of  the  United  States  the  use  of  the 
Welland,  St.  Lawrence,  and  other  canals  in  the  Dominion 
on  terms  of  equality  with  the  inhabitants  of  the  Dominion ; 
and  the  Government  of  the  United  States  engages  that  the 
subjects  of  Her  Britannic  Majesty  shall  enjoy  the  use  of 
the  St.  Clair  Flats  canal  on  terms  of  equality  with  the 
inhabitants  of  the  United  States,  and  further  engages  to 
urge  upon  the  State  Governments  to  secure  to  the  subjects 
of  Her  Britannic  Majesty  the  use  of  the  several  State 
canals  connected  with  the  navigation  of  the  lakes  or  rivers 
traversed  by  or  contiguous  to  the  boundary  line  between  the 
possessions  of  the  high  contracting  parties,  on  terms  of 
equality  with  the  inhabitants  of  the  United  States. 


ARTICLE    XXVIII 

The  navigation  of  Lake  Michigan  shall  also,  for  the  term 
of  years  mentioned  in  Article  XXXIII  of  this  treaty,  be 
free  and  open  for  the  purposes  of  commerce  to  the  subjects 
of  Her  Britannic  Majesty,  subject  to  any  laws  and  regula 
tions  of  the  United  States  or  of  the  States  bordering  thereon 
not  inconsistent  with  such  privilege  of  free  navigation. 

360 


NATIONAL    DOCUMENTS 


ARTICLE    XXIX 

It  is  agreed  that,  for  the  term  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  goods,  wares,  or  merchan 
dise  arriving  at  the  ports  of  New  York,  Boston,  and  Port 
land,  and  any  other  ports  in  the  United  States  which  have 
been  or  may,  from  time  to  time,  be  specially  designated 
by  the  President  of  the  United  States,  and  destined  for  Her 
Britannic  Majesty's  possessions  in  North  America,  may  be 
entered  at  the  proper  custom-house  and  conveyed  in  transit, 
without  the  payment  of  duties,  through  the  territory  of  the 
United  States,  under  such  rules,  regulations,  and  conditions 
for  the  protection  of  the  revenue  as  the  Government  of  the 
United  States  may  from  time  to  time  prescribe ;  and  under 
like  rules,  regulations,  and  conditions,  goods,  wares,  or  mer 
chandise  may  be  conveyed  in  transit,  without  the  payment 
of  duties,  from  such  possessions  through  the  territory  of 
the  United  States  for  export  from  the  said  ports  of  the 
United  States. 

It  is  further  agreed  that,  for  the  like  period,  goods,  wares, 
or  merchandise  arriving  at  any  of  the  ports  of  Her  Britannic 
Majesty's  possessions  in  North  America,  and  destined  for 
the  United  States,  may  be  entered  at  the  proper  custom 
house  and  conveyed  in  transit,  without  the  payment  of  duties, 
through  the  said  possessions,  under  such  rules  and  regu 
lations,  and  conditions  for  the  protection  of  the  revenue, 
as  the  Governments  of  the  said  possessions  may  from  time 
to  time  prescribe;  and,  under  like  rules,  regulations,  and 
conditions,  goods,  wares,  or  merchandise  may  be  conveyed 
in  transit,  without  payment  of  duties,  from  the  United 
States  through  the  said  possessions  to  other  places  in  the 
United  States,  or  for  export  from  ports  in  the  said 
possessions. 

361 


NATIONAL     DOCUMENTS 


ARTICLE     XXX 

It  is  agreed  that,  for  the  terms  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  subjects  of  Her  Britannic 
Majesty  may  carry  in  British  vessels,  without  payment  of 
duty,  goods,  wares,  or  merchandise  from  one  port  or  place 
within  the  territory  of  the  United  States  upon  the  St.  Law 
rence,  the  great  lakes,  and  the  rivers  connecting  the  same, 
to  another  port  or  place  within  the  territory  of  the  United 
States  as  aforesaid :  Provided,  That  a  portion  of  such  trans 
portation  is  made  through  the  Dominion  of  Canada  by  land 
carriage  and  in  bond,  under  such  rules  and  regulations  as 
may  be  agreed  upon  between  the  Government  of  Her  Bri 
tannic  Majesty  and  the  Government  of  the  United  States. 

Citizens  of  the  United  States  may  for  the  like  period 
carry  in  United  States  vessels,  without  payment  of  duty, 
goods,  wares,  or  merchandise  from  one  port  or  place  within 
the  possessions  of  Her  Britannic  Majesty  in  North  America 
to  another  port  or  place  within  the  said  possessions:  Pro 
vided,  That  a  portion  of  such  transportation  is  made  through 
the  territory  of  the  United  States  by  land  carriage  and  in 
bond,  under  such  rules  and  regulations  as  may  be. agreed 
upon  between  the  Government  of  the  United  States  and  the 
Government  of  Her  Britannic  Majesty. 

The  Government  of  the  United  States  further  engages 
not  to  impose  any  export  duties  on  goods,  wares,  or  mer 
chandise  carried  under  this  article  through  the  territory 
of  the  United  States;  and  Her  Majesty's  Government 
engages  to  urge  the  Parliament  of  the  Dominion  of  Canada 
and  the  Legislatures  of  the  other  colonies  not  to  impose 
any  export  duties  on  goods,  wares,  or  merchandise  carried 
under  this  article ;  and  the  Government  of  the  United  States 
may,  in  case  such  export  duties  are  imposed  by  the  Dominion 
of  Canada,  suspend,  during  the  period  that  such  duties  are 

362 


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imposed,  the   right  of  carrying  granted  under  this  article 
in  favor  of  the  subjects  of  Her  Britannic  Majesty. 

The  Government  of  the  United  States  may  suspend  the 
right  of  carrying  granted  in  favor  of  the  subjects  of  Her 
Britannic  Majesty  under  this  article,  in  case  the  Dominion 
of  Canada  should  at  any  time  deprive  the  citizens  of  the 
United  States  of  the  use  of  the  canals  in  the  said  Dominion 
on  terms  of  equality  with  the  inhabitants  of  the  Dominion, 
as  provided  in  Article  XXVII. 

ARTICLE     XXXI 

The  Government  of  Her  Britannic  Majesty  further 
engages  to  urge  upon  the  Parliament  of  the  Dominion  of 
Canada  and  the  Legislature  of  New  Brunswick,  that  no 
export  duty,  or  other  duty,  shall  be  levied  on  lumber  or 
timber  of  any  kind  cut  on  that  portion  of  the  American  ter 
ritory  in  the  State  of  Maine  watered  by  the  river  St.  John 
and  its  tributaries,  and  floated  down  that  river  to  the  sea, 
when  the  same  is  shipped  to  the  United  States  from  the 
province  of  New  Brunswick.  And,  in  case  any  such  export 
or  other  duty  continues  to  be  levied  after  the  expiration  of 
one  year  from  the  date  of  the  exchange  of  ratifications  of 
this  treaty,  it  is  agreed  that  the  Government  of  the  United 
States  may  suspend  the  right  of  carrying  hereinbefore 
granted  under  Article  XXX  of  this  treaty  for  such  period 
as  such  export  or  other  duty  may  be  levied. 


ARTICLE    XXXII 

It  is  further  agreed  that  the  provisions  and  stipulations 
of  Articles  XVIII  to  XXV  of  this  treaty,  inclusive,  shall 
extend  to  the  colony  of  Newfoundland,  so  far  as  they  are  ap 
plicable.  But  if  the  Imperial  Parliament,  the  Legislature  of 

363 


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Newfoundland,  or  the  Congress  of  the  United  States,  shall 
not  embrace  the  colony  of  Newfoundland  in  their  laws 
enacted  for  carrying  the  foregoing  articles  into  effect,  then 
this  article  shall  be  of  no  effect;  but  the  omission  to  make 
provision  by  law  to  give  it  effect,  by  either  of  the  legislative 
bodies  aforesaid,  shall  not  in  any  way  impair  any  other 
articles  of  this  treaty. 


ARTICLE    XXXIII 

The  foregoing  Articles  XVIII  to  XXV,  inclusive,  and 
Article  XXX  of  this  treaty,  shall  take  effect  as  soon  as  the 
laws  required  to  carry  them  into  operation  shall  have  been 
passed  by  the  Imperial  Parliament  of  Great  Britain,  by  the 
Parliament  of  Canada,  and  by  the  Legislature  of  Prince 
Edward's  Island  on  the  one  hand,  and  by  the  Congress  of 
the  United  States  on  the  other.  Such  assent  having  been 
given,  the  said  articles  shall  remain  in  force  for  the  period 
of  ten  years  from  the  date  at  which  they  may  come  into 
operation;  and  further  until  the  expiration  of  two  years 
after  either  of  the  high  contracting  parties  shall  have  given 
notice  to  the  other  of  its  wish  to  terminate  the  same;  each 
of  the  high  contracting  parties  being  at  liberty  to  give  such 
notice  to  the  other  at  the  end  of  the  said  period  of  ten  years 
or  at  any  time  afterward. 


ARTICLE    XXXIV 

Whereas  it  is  stipulated  by  Article  I  of  the  treaty  con 
cluded  at  Washington  on  the  15th  of  June,  1846,  between 
the  United  States  and  Her  Britannic  Majesty,  that  the  line 
of  boundary  between  the  territories  of  the  United  States  and 
those  of  Her  Britannic  Majesty,  from  the  point  on  the 
forty-ninth  parallel  of  north  latitude  up  to  which  it  had 

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already  been  ascertained,  should  be  continued  westward 
along  the  said  parallel  of  north  latitude  "  to  the  middle  of 
the  channel  which  separates  the  continent  from  Vancouver's 
Island,,  and  thence  southerly,  through  the  middle  of  the  said 
channel  and  of  Fuca  Straits,  to  the  Pacific  Ocean;"  and 
whereas  the  Commissioners  appointed  by  the  two  high  con 
tracting  parties  to  determine  that  portion  of  the  boundary 
which  runs  southerly  through  the  middle  of  the  channel 
aforesaid,  were  unable  to  agree  upon  the  same ;  and  whereas 
the  Government  of  Her  Britannic  Majesty  claims  that  such 
boundary  line  should,  under  the  terms  of  the  treaty  above 
recited,  be  run  through  the  Rosario  Straits,  and  the  Govern 
ment  of  the  United  States  claims  that  it  should  be  run 
through  the  Canal  de  Haro,  it  is  agreed  that  the  respective 
claims  of  the  Government  of  the  United  States  and  of  the 
Government  of  Her  Britannic  Majesty  shall  be  submitted 
to  the  arbitration  and  award  of  His  Majesty  the  Emperor 
of  Germany,  who,  having  regard  to  the  above-mentioned 
article  of  the  said  treaty,  shall  decide  thereupon,  finally 
and  without  appeal,  which  of  those  claims  is  most  in  accord 
ance  with  the  true  interpretation  of  the  treaty  of  June  15, 
1846. 

ARTICLE     XXXV 

The  award  of  His  Majesty  the  Emperor  of  Germany 
shall  be  considered  as  absolutely  final  and  conclusive;  and 
full  effect  shall  be  given  to  such  award  without  any  objec 
tion,  evasion,  or  delay  whatsoever.  Such  decision  shall  be 
given  in  writing  and  dated;  it  shall  be  in  whatsoever  form 
His  Majesty  may  choose  to  adopt;  it  shall  be  delivered  to 
the  Representatives  or  other  public  Agents  of  the  United 
States  and  of  Great  Britain,  respectively,  who  may  be 
actually  at  Berlin,  and  shall  be  considered  as  operative  from 
the  day  of  the  date  of  the  delivery  thereof. 

365 


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ARTICLE     XXXVI 

The  written  or  printed  case  of  each  of  the  two  parties, 
accompanied  by  the  evidence  offered  in  support  of  the  same, 
shall  be  laid  before  His  Majesty  the  Emperor  of  Germany 
within  six  months  from  the  date  of  the  exchange  of  the 
ratifications  of  this  treaty,  and  a  copy  of  such  case  and 
evidence  shall  be  communicated  by  each  party  to  the  other, 
through  their  respective  Representatives  at  Berlin. 

The  high  contracting  parties  may  include  in  the  evidence 
to  be  considered  by  the  Arbitrator  such  documents,  official 
correspondence,  and  other  official  or  public  statements  bear 
ing  on  the  subject  of  the  reference  as  they  may  consider 
necessary  to  the  support  of  their  respective  cases. 

After  the  written  or  printed  case  shall  have  been  com 
municated  by  each  party  to  the  other,  each  party  shall  have 
the  power  of  drawing  up  and  laying  before  the  Arbitrator 
a  second  and  definitive  statement,  if  it  think  fit  to  do  so,  in 
reply  to  the  case  of  the  other  party  so  communicated,  which 
definitive  statement  shall  be  so  laid  before  the  Arbitrator, 
and  also  be  mutually  communicated  in  the  same  manner 
as  aforesaid,  by  each  party  to  the  other,  within  six  months 
from  the  date  of  laying  the  first  statement  of  the  case  before 
the  Arbitrator. 

ARTICLE     XXXVII 

If,  in  the  case  submitted  to  the  Arbitrator,  either  party 
shall  specify  or  allude  to  any  report  or  document  in  its  own 
exclusive  possession  without  annexing  a  copy,  such  party 
shall  be  bound,  if  the  other  party  thinks  proper  to  apply 
for  it,  to  furnish  that  party  with  a  copy  thereof,  and  either 
party  may  call  upon  the  other,  through  the  Arbitrator,  to 
produce  the  originals  or  certified  copies  of  any  papers 
adduced  as  evidence,  giving  in  each  instance  such  reasonable 

366 


NATIONAL     DOCUMENTS 

notice  as  the  Arbitrator  may  require.  And  if  the  Arbitrator 
should  desire  further  elucidation  or  evidence  with  regard 
to  any  point  contained  in  the  statements  laid  before  him,  he 
shall  be  at  liberty  to  require  it  from  either  party,  and  he 
shall  be  at  liberty  to  hear  one  Counsel  or  Agent  for  each 
party,  in  relation  to  any  matter,  and  at  such  time,  and  in 
such  manner,  as  he  may  think  fit. 

ARTICLE    XXXVIII 

The  Representatives  or  other  public  Agents  of  the  United 
States  and  of  Great  Britain  at  Berlin,  respectively,  shall 
be  considered  as  the  Agents  of  their  respective  Governments 
to  conduct  their  cases  before  the  Arbitrator,  who  shall  be 
requested  to  address  all  his  communications  and  give  all  his 
notices  to  such  Representatives  or  other  public  Agents,  who 
shall  represent  their  respective  Governments  generally,  in 
all  matters  connected  with  the  arbitration. 


ARTICLE     XXXIX 

It  shall  be  competent  to  the  Arbitrator  to  proceed  in 
the  said  arbitration,  and  all  matters  relating  thereto,  as  and 
when  he  shall  see  fit,  either  in  person,  or  by  a  person  or 
persons  named  by  him  for  that  purpose,  either  in  the  pres 
ence  or  absence  of  either  or  both  Agents,  and  either  orally 
or  by  written  discussion  or  otherwise. 

ARTICLE    XL 

The  Arbitrator  may,  if  he  think  fit,  appoint  a  Secretary, 
or  Clerk,  for  the  purposes  of  the  proposed  arbitration,  at 
such  rate  of  remuneration  as  he  shall  think  proper.  This, 
and  all  other  expenses  of  and  connected  with  the  said  arbi 
tration,  shall  be  provided  for  as  hereinafter  stipulated. 

367 


NATIONAL     DOCUMENTS 

ARTICLE     XLI 

The  Arbitrator  shall  be  requested  to  deliver,  together  with 
his  award,  an  account  of  all  the  costs  and  expenses  which 
he  may  have  been  put  to  in  relation  to  this  matter,  which 
shall  forthwith  be  repaid  by  the  two  Governments  in  equal 
moieties. 

ARTICLE     XLII 

The  Arbitrator  shall  be  requested  to  give  his  award  in 
writing  as  early  as  convenient  after  the  whole  case  on  each 
side  shall  have  been  laid  before  him,  and  to  deliver  one  copy 
thereof  to  each  of  the  said  Agents. 

ARTICLE     XLIII 

The  present  treaty  shall  be  duly  ratified  by  the  President 
of  the  United  States  of  America,  by  and  with  the  advice 
and  consent  of  the  Senate  thereof,  and  by  Her  Britannic 
Majesty;  and  the  ratifications  shall  be  exchanged  either  at 
Washington  or  at  London  within  six  months  from  the  date 
hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries, 
have  signed  this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  eighth  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy-one. 

[L.  s.]  HAMILTON  FISH 

[L.  S.]  ROBT.    C.    SCHENCK 

[L.  s.]  SAMUEL  NELSON 

[L.  s.]  EBENEZER  ROCKWOOD  HOAR 

[L.  s.]  GEO.  H.  WILLIAMS 

[L.  s.]  DE  GREY  &  RIPON 

[L.  s.]  STAFFORD  H.  NORTHCOTE 

[L.  s.]  EDWD.  THORNTON 

[L.  s.]  JOHN  A.  MACDONALD 

[L.  S.]  MOUNTAGUE     BERNARD 

368 


Annexation  of  the  Hawaiian  Islands     1898 

Joint   Resolution   To   provide   for  annexing  the  Hawaiian 
Islands  to  the  United  States 

Whereas  the  Government  of  the  Republic  of  Hawaii 
having,  in  due  form,  signified  its  consent,  in  the  manner 
provided  by  its  constitution,  to  cede  absolutely  and  without 
reserve  to  the  United  States  of  America  all  rights  of  sover 
eignty  of  whatsoever  kind  in  and  over  the  Hawaiian  Islands 
and  their  dependencies,  and  also  to  cede  and  transfer  to 
the  United  States  the  absolute  fee  and  ownership  of  all 
public,  Government,  or  Crown  lands,  public  buildings  or 
edifices,  ports,  harbors,  military  equipment,  and  all  other 
public  property  of  every  kind  and  description  belonging 
to  the  Government  of  the  Hawaiian  Islands,  together  with 
every  right  and  appurtenance  thereunto  appertaining: 
Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
said  cession  is  accepted,  ratified,  and  confirmed,  and  that 
the  said  Hawaiian  Islands  and  their  dependencies  be,  and 
they  are  hereby,  annexed  as  a  part  of  the  territory  of  the 
United  States  and  are  subject  to  the  sovereign  dominion 
thereof,  and  that  all  and  singular  the  property  and  rights 
hereinbefore  mentioned  are  vested  in  the  United  States  of 
America. 

The  existing  laws  of  the  United  States  relative  to  public 
lands  shall  not  apply  to  such  lands  in  the  Hawaiian  Islands ; 
but  the  Congress  of  the  United  States  shall  enact  special 
laws  for  their  management  and  disposition:  Provided,  That 
all  revenue  from  or  proceeds  of  the  same,  except  as  regards 

369 


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such  part  thereof  as  may  be  used  or  occupied  for  the  civil, 
military,  or  naval  purposes  of  the  United  States,  or  may  be 
assigned  for  the  use  of  the  local  government,  shall  be  used 
solely  for  the  benefit  of  the  inhabitants  of  the  Hawaiian 
Islands  for  educational  and  other  public  purposes. 

Until  Congress  shall  provide  for  the  government  of  such 
islands  all  the  civil,  judicial,  and  military  powers  exercised 
by  the  officers  of  the  existing  government  in  said  islands  shall 
be  vested  in  such  person  or  persons  and  shall  be  exercised 
in  such  manner  as  the  President  of  the  United  States  shall 
direct;  and  the  President  shall  have  power  to  remove  said 
officers  and  fill  the  vacancies  so  occasioned. 

The  existing  treaties  of  the  Hawaiian  Islands  with  for 
eign  nations  shall  forthwith  cease  and  determine,  being 
replaced  by  such  treaties  as  may  exist,  or  as  may  be  here 
after  concluded,  between  the  United  States  and  such  foreign 
nations.  The  municipal  legislation  of  the  Hawaiian  Islands, 
not  enacted  for  the  fulfillment  of  the  treaties  so  extin 
guished,  and  not  inconsistent  with  this  joint  resolution 
nor  contrary  to  the  Constitution  of  the  United  States  nor  to 
any  existing  treaty  of  the  United  States,  shall  remain  in 
force  until  the  Congress  of  the  United  States  shall  otherwise 
determine. 

Until  legislation  shall  be  enacted  extending  the  United 
States  customs  laws  and  regulations  to  the  Hawaiian  Islands 
the  existing  customs  relations  of  the  Hawaiian  Islands  with 
the  United  States  and  other  countries  shall  remain 
unchanged. 

The  public  debt  of  the  Republic  of  Hawaii,  lawfully 
existing  at  the  date  of  the  passage  of  this  joint  resolution, 
including  the  amounts  due  to  depositors  in  the  Hawaiian 
Postal  Savings  Bank,  is  hereby  assumed  by  the  Government 
of  the  United  States ;  but  the  liability  of  the  United  States 
in  this  regard  shall  in  no  case  exceed  four  million  dollars. 

370 


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So  long,  however,  as  the  existing  Government  and  the  pres 
ent  commercial  relations  of  the  Hawaiian  Islands  are  con 
tinued  as  hereinbefore  provided  said  Government  shall 
continue  to  pay  the  interest  on  said  debt. 

There  shall  be  no  further  immigration  cff  Chinese  into  the 
Hawaiian  Islands,  except  upon  such  conditions  as  are  now 
or  may  hereafter  be  allowed  by  the  laws  of  the  United 
States;  and  no  Chinese,  by  reason  of  anything  herein  con 
tained,  shall  be  allowed  to  enter  the  United  States  from  the 
Hawaiian  Islands. 

The  President  shall  appoint  five  commissioners,  at  least 
two  of  whom  shall  be  residents  of  the  Hawaiian  Islands, 
who  shall,  as  soon  as  reasonably  practicable,  recommend  to 
Congress  such  legislation  concerning  the  Hawaiian  Islands 
as  they  shall  deem  necessary  or  proper. 

SEC.  2.  That  the  commissioners  hereinbefore  provided  for 
shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate. 

SEC.  3.  That  the  sum  of  one  hundred  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appropri 
ated,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  and  to  be  immediately  available,  to  be 
expended  at  the  discretion  of  the  President  of  the  United 
States  of  America,  for  the  purpose  of  carrying  this  joint 
resolution  into  effect. 

APPROVED,  July  7,  1898. 


371 


Recognition  of  the  Independence  of  Cuba    1898 

Joint  Resolution  for  the  recognition  of  the  independence 
of  the  people  of  Cuba,  demanding  that  the  Government  of 
Spain  relinquish  its  authority  and  government  in  the 
Island  of  Cuba,  and  to  withdraw  its  land  and  naval  forces 
from  Cuba  and  Cuban  waters,  and  directing  the  President 
of  the  United  States  to  use  the  land  and  naval  forces  of 
the  United  States  to  carry  these  resolutions  into  effect. 

Whereas  the  abhorrent  conditions  which  have  existed  for 
more  than  three  years  in  the  Island  of  Cuba,  so  near  our  own 
borders,  have  shocked  the  moral  sense  of  the  people  of  the 
United  States,  have  been  a  disgrace  to  Christian  civilization, 
culminating,  as  they  have,  in  the  destruction  of  a  United 
States  battle  ship,  with  two  hundred  and  sixty-six  of  its 
officers  and  crew,  while  on  a  friendly  visit  in  the  harbor  of 
Havana,  and  can  not  longer  be  endured,  as  has  been  set 
forth  by  the  President  of  the  United  States  in  his  message 
to  Congress  of  April  eleventh,  eighteen  hundred  and  ninety- 
eight,  upon  which  the  action  of  Congress  was  invited: 
Therefore, 

Resolved,  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  First. 
That  the  people  of  the  Island  of  Cuba  are,  and  of  right 
ought  to  be,  free  and  independent. 

Second.  That  it  is  the  duty  of  the  United  States  to 
demand,  and  the  Government  of  the  United  States  does 
hereby  demand,  that  the  Government  of  Spain  at  once 
relinquish  its  authority  and  government  in  the  Island  of 
Cuba  and  withdraw  its  land  and  naval  forces  from  Cuba 
and  Cuban  waters. 

S72 


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Third.  That  the  President  of  the  United  States  be,  and 
he  hereby  is,  directed  and  empowered  to  use  the  entire  land 
and  naval  forces  of  the  United  States,  and  to  call  into  the 
actual  service  of  the  United  States  the  militia  of  the  several 
States,  to  such  extent  as  may  be  necessary  to  carry  these 
resolutions  into  effect. 

Fourth.  That  the  United  States  hereby  disclaims  any 
disposition  or  intention  to  exercise  sovereignty,  jurisdiction, 
or  control  over  said  Islands  except  for  the  pacification 
thereof,  and  asserts  its  determination,  when  that  is  accom 
plished,  to  leave  the  government  and  control  of  the  Island 
to  its  people. 

APPROVED,  April  20,  1898. 


$79 


Treaty  with  Spam    1898 

Treaty  of  Peace  between  the  United  States  of  America 
and  the  Kingdom  of  Spain,  Signed  at  Paris,  December  10, 
1 898 ;  ratification  advised  by  the  Senate,  February  6,  1 899 ; 
ratified  by  the  President,  February  6,  1899;  ratified  by  Her 
Majesty  the  Queen  Regent  of  Spain,  March  19,  1899; 
ratifications  exchanged  at  Washington,  April  11,  1899;  pro 
claimed  at  Washington,  April  11,  1899. 

THE  UNITED  STATES  OF  AMERICA  AND  HER  MAJESTY 
THE  QUEEN  REGENT  OF  SPAIN,  IN  THE  NAME  OF  HER 
AUGUST  SON  DON  ALFONSO  XIII,  desiring  to  end  the  state 
of  war  now  existing  between  the  two  countries,  have  for  that 
purpose  appointed  as  Plenipotentiaries: 

THE  PRESIDENT  OF  THE  UNITED  STATES, 

WILLIAM  R.  DAY,  CUSHMAN  K.  DAVIS,  WILLIAM  P.  FRYE, 
GEORGE  GRAY,  and  WHITELAW  REID,  citizens  of  the  United 
States ; 

AND  HER  MAJESTY  THE  QUEEN  REGENT  OF  SPAIN, 

DON  EUGENIO  MONTERO  Rios,  President  of  the.  Senate, 

DON  BUENAVENTURA  DE  ABARZUZA,  Senator  of  the  King 
dom,  and  ex- Minister  of  the  Crown, 

DON  JOSE  DE  GARNICA,  Deputy  to  the  Cortes  and  Asso 
ciate  Justice  of  the  Supreme  Court; 

DON  WENCESLAO  RAMIREZ  DE  VILLA-URRUTIA,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  at  Brussels, 
and 

DON  RAFAEL  CERERO,  General  of  Division; 

Who,  having  assembled  in  Paris,  and  having  exchanged 
their  full  powers,  which  were  found  to  be  in  due  and  proper 
form,  have,  after  discussion  of  the  matters  before  them, 
agreed  upon  the  following  articles: 

374 


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ARTICLE    I 

Spain  relinquishes  all  claim  of  sovereignty  over  and  title 
to  Cuba. 

And  as  the  island  is,  upon  its  evacuation  by  Spain,  to  be 
occupied  by  the  United  States,  the  United  States  will,  so 
long  as  such  occupation  shall  last,  assume  and  discharge  the 
obligations  that  may  under  international  law  result  from 
the  fact  of  its  occupation,  for  the  protection  of  life  and 
property. 

ARTICLE     II 

Spain  cedes  to  the  United  States  the  island  of  Porto 
Rico  and  other  islands  now  under  Spanish  sovereignty  in 
the  West  Indies,  and  the  island  of  Guam  in  the  Marianas 
or  Ladrones. 

ARTICLE     III 

Spain  cedes  to  the  United  States  the  archipelago  known 
as  the  Philippine  Islands,  and  comprehending  the  islands 
lying  within  the  following  line: 

A  line  running  from  west  to  east  along  or  near  the  twen 
tieth  parallel  of  north  latitude,  and  through  the  middle  of 
the  navigable  channel  of  Bachi,  from  the  one  hundred  and 
eighteenth  (118th)  to  the  one  hundred  and  twenty-seventh 
(127th)  degree  meridian  of  longitude  east  of  Greenwich, 
thence  along  the  one  hundred  and  twenty -seventh  (127th) 
degree  meridian  of  longitude  east  of  Greenwich  to  the  par 
allel  of  four  degrees  and  forty  five  minutes  (4°  45')  north 
latitude,  thence  along  the  parallel  of  four  degrees  and 
forty-five  minutes  (4°  45')  north  latitude  to  its  intersec 
tion  with  the  meridian  of  longitude  one  hundred  and  nine 
teen  degrees  and  thirty-five  minutes  (119°  35')  east  of 
Greenwich,  thence  along  the  meridian  of  longitude  one 

375 


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hundred  and  nineteen  degrees  and  thirty-five  minutes  (119° 
35')  east  of  Greenwich  to  the  parallel  of  latitude  seven 
degrees  and  forty  minutes  (7°  40')  north,  thence  along  the 
parallel  of  latitude  seven  degrees  and  forty  minutes  (7° 
40')  north  to  its  intersection  with  the  one  hundred  and  six 
teenth  (116th)  degree  meridian  of  longitude  east  of  Green 
wich,  thence  by  a  direct  line  to  the  intersection  of  the  tenth 
(10th)  degree  parallel  of  north  latitude  with  the  one  hun 
dred  and  eighteenth  (118th)  degree  meridian  of  longitude 
east  of  Greenwich,  and  thence  along  the  one  hundred  and 
eighteenth  (118th)  degree  meridian  of  longitude  east  of 
Greenwich  to  the  point  of  beginning. 

The  United  States  will  pay  to  Spain  the  sum  of  twenty 
million  dollars  ($20,000,000)  within  three  months  after  the 
exchange  of  the  ratifications  of  the  present  treaty. 

ARTICLE     IV 

The  United  States  will,  for  the  term  of  ten  years  from 
the  date  of  the  exchange  of  the  ratifications  of  the  present 
treaty,  admit  Spanish  ships  and  merchandise  to  the  ports 
of  the  Philippine  Islands  on  the  same  terms  as  ships  and 
merchandise  of  the  United  States. 


ARTICLE   v 

The  United  States  will,  upon  the  signature  of  the  present 
treaty,  send  back  to  Spain,  at  its  own  cost,  the  Spanish 
soldiers  taken  as  prisoners  of  war  on  the  capture  of  Manila 
by  the  American  forces.  The  arms  of  the  soldiers  in  ques 
tion  shall  be  restored  to  them. 

Spain  will,  upon  the  exchange  of  the  ratifications  of  the 
present  treaty,  proceed  to  evacuate  the  Philippines,  as  well 
as  the  island  of  Guam,  on  terms  similar  to  those  agreed  upon 

376 


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by  the  Commissioners  appointed  to  arrange  for  the  evacua 
tion  of  Porto  Rico  and  other  islands  in  the  West  Indies, 
under  the  Protocol  of  August  12,  1898,  which  is  to  continue 
in  force  till  its  provisions  are  completely  executed. 

The  time  within  which  the  evacuation  of  the  Philippine 
Islands  and  Guam  shall  be  completed  shall  be  fixed  by  the 
two  Governments.  Stands  of  colors,  uncaptured  war  vessels, 
small  arms,  guns  of  all  calibres,  with  their  carriages  and 
accessories,  powder,  ammunition,  live  stock,  and  materials 
and  supplies  of  all  kinds,  belonging  to  the  land  and  naval 
forces  of  Spain  in  the  Philippines  and  Guam,  remain  the 
property  of  Spain.  Pieces  of  heavy  ordnance,  exclusive  of 
field  artillery,  in  the  fortifications  and  coast  defences,  shall 
remain  in  their  emplacements  for  the  term  of  six  months, 
to  be  reckoned  from  the  exchange  of  ratifications  of  the 
treaty;  and  the  United  States  may,  in  the  meantime,  pur 
chase  such  material  from  Spain,  if  a  satisfactory  agreement 
between  the  two  Governments  on  the  subject  shall  be 
reached. 

ARTICLE    VI 

Spain  will,  upon  the  signature  of  the  present  treaty, 
release  all  prisoners  of  war,  and  all  persons  detained  or 
imprisoned  for  political  offences,  in  connection  with  the 
insurrections  in  Cuba  and  the  Philippines  and  the  war  with 
the  United  States. 

Reciprocally,  the  United  States  will  release  all  persons 
made  prisoners  of  war  by  the  American  forces,  and  will 
undertake  to  obtain  the  release  of  all  Spanish  prisoners  in 
the  hands  of  the  insurgents  in  Cuba  and  the  Philippines. 

The  Government  of  the  United  States  will  at  its  own 
cost  return  to  Spain  and  the  Government  of  Spain  will  at  its 
own  cost  return  to  the  United  States,  Cuba,  Porto  Rico,  and 
the  Philippines,  according  to  the  situation  of  their  respective 

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homes,  prisoners  released  or  caused  to  be  released  by  them, 
respectively,   under   this   article. 

ARTICLE    VII 

The  United  States  and  Spain  mutually  relinquish  all 
claims  for  indemnity,  national  and  individual,  of  every  kind, 
of  either  Government,  or  of  its  citizens  or  subjects,  against 
the  other  Government,  that  may  have  arisen  since  the  begin 
ning  of  the  late  insurrection  in  Cuba  and  prior  to  the 
exchange  of  ratifications  of  the  present  treaty,  including 
all  claims  for  indemnity  for  the  cost  of  the  war. 

The  United  States  will  adjudicate  and  settle  the  claims  of 
its  citizens  against  Spain  relinquished  in  this  article. 

ARTICLE    VIII 

In  conformity  with  the  provisions  of  Articles  I,  II,  and 
III  of  this  treaty,  Spain  relinquishes  in  Cuba,  and  cedes  in 
Porto  Rico  and  other  islands  in  the  West  Indies,  in  the  island 
of  Guam,  and  in  the  Philippine  Archipelago,  all  the  build 
ings,  wharves,  barracks,  forts,  structures,  public  highways 
and  other  immovable  property  which,  in  conformity  with 
law,  belong  to  the  public  domain,  and  as  such  belong  to  the 
Crown  of  Spain. 

And  it  is  hereby  declared  that  the  relinquishment  or 
cession,  as  the  case  may  be,  to  which  the  preceding  para 
graph  refers,  cannot  in  any  respect  impair  the  property 
or  rights  which  by  law  belong  to  the  peaceful  possession 
of  property  of  all  kinds,  of  provinces,  municipalities,  pub 
lic  or  private  establishments,  ecclesiastical  or  civic  bodies, 
or  any  other  associations  having  legal  capacity  to  acquire 
and  possess  property  in  the  aforesaid  territories  renounced 
or  ceded,  or  of  private  individuals,  of  whatsoever  nationality 
such  individuals  may  be. 

378 


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The  aforesaid  relinquishment  or  cession,  as  the  case  may 
be,  includes  all  documents  exclusively  referring  to  the  sover 
eignty  relinquished  or  ceded  that  may  exist  in  the  archives 
of  the  Peninsula.  Where  any  document  in  such  archives 
only  in  part  relates  to  said  sovereignty,  a  copy  of  such  part 
will  be  furnished  whenever  it  shall  be  requested.  Like  rules 
shall  be  reciprocally  observed  in  favor  of  Spain  in  request 
of  documents  in  the  archives  of  the  islands  above  referred  to. 

In  the  aforesaid  relinquishment  or  cession,  as  the  case 
may  be,  are  also  included  such  rights  as  the  Crown  of  Spain 
and  its  authorities  possess  in  respect  of  the  official  archives 
and  records,  executive  as  well  as  judicial,  in  the  islands 
above  referred  to,  which  relate  to  said  islands  or  the  rights 
and  property  of  their  inhabitants.  Such  archives  and  rec 
ords  shall  be  carefully  preserved,  and  private  persons  shall 
without  distinction  have  the  right  to  require,  in  accordance 
with  law,  authenticated  copies  of  the  contracts,  wills  and 
other  instruments  forming  part  of  notarial  protocols  or  files, 
or  which  may  be  contained  in  the  executive  or  judicial 
archives,  be  the  latter  in  Spain  or  in  the  islands  aforesaid. 

ARTICLE     IX 

Spanish  subjects,  natives  of  the  Peninsula,  residing  in 
the  territory  over  which  Spain  by  the  present  treaty  relin 
quishes  or  cedes  her  sovereignty,  may  remain  in  such  terri 
tory  or  may  remove  therefrom,  retaining  in  either  event  all 
their  rights  of  property,  including  the  right  to  sell  or  dis 
pose  of  such  property  or  of  its  proceeds;  and  they  shall 
also  have  the  right  to  carry  on  their  industry,  commerce  and 
professions,  being  subject  in  respect  thereof  to  such  laws 
as  are  applicable  to  other  foreigners.  In  case  they  remain 
in  the  territory  they  may  preserve  their  allegiance  to  the 
Crown  of  Spain  by  making,  before  a  court  of  record,  within 

379 


NATIONAL     DOCUMENTS 

a  year  from  the  date  of  the  exchange  of  ratifications  of 
this  treaty,  a  declaration  of  their  decision  to  preserve  such 
allegiance;  in  default  of  which  declaration  they  shall  be 
held  to  have  renounced  it  and  to  have  adopted  the  national 
ity  of  the  territory  in  which  they  may  reside. 

The  civil  rights  and  political  status  of  the  native  inhabit 
ants  of  the  territories  hereby  ceded  to  the  United  States 
shall  be  determined  by  the  Congress. 

ARTICLE    X 

The  inhabitants  of  the  territories  over  which  Spain 
relinquishes  or  cedes  her  sovereignty  shall  be  secured  in 
the  free  exercise  of  their  religion. 

ARTICLE    XI 

The  Spaniards  residing  in  the  territories  over  which 
Spain  by  this  treaty  cedes  or  relinquishes  her  sovereignty 
shall  be  subject  in  matters  civil  as  well  as  criminal  to  the 
jurisdiction  of  the  courts  of  the  country  wherein  they 
reside,  pursuant  to  the  ordinary  laws  governing  the  same; 
and  they  shall  have  the  right  to  appear  before  such  courts, 
and  to  pursue  the  same  course  as  citizens  of  the  country  to 
which  the  courts  belong. 

ARTICLE    XII 

Judicial  proceedings  pending  at  the  time  of  the  exchange 
of  ratifications  of  this  treaty  in  the  territories  over  which 
Spain  relinquishes  or  cedes  her  sovereignty  shall  be  deter 
mined  according  to  the  following  rules: 

(1)  Judgments  rendered  either  in  civil  suits  between 
private  individuals,  or  in  criminal  matters,  before  the  date 
mentioned,  and  with  respect  to  which  there  is  no  recourse 
or  right  of  review  under  the  Spanish  law,  shall  be  deemed  to 

380 


NATIONAL     DOCUMENTS 

be  final,  and  shall  be  executed  in  due  form  by  competent 
authority  in  the  territory  within  which  such  judgments 
should  be  carried  out. 

(2)  Civil  suits  between  private  individuals  which  may  on 
the  date   mentioned   be  undetermined   shall   be   prosecuted 
to  judgment  before  the  court  in  which  they  may  then  be 
pending  or  in  the  court  that  may  be  substituted  therefor. 

(3)  Criminal    actions    pending    on    the    date    mentioned 
before   the   Supreme    Court   of   Spain    against   citizens   of 
the  territory  which  by  this  treaty  ceases  to  be  Spanish  shall 
continue  under  its,  jurisdiction  until  final  judgment;   but, 
such  judgment  having  been  rendered,  the  execution  thereof 
shall  be  committed  to  the  competent  authority  of  the  place 
in  which  the  case  arose. 

ARTICLE    XIII 

The  rights  of  property  secured  by  copyrights  and  patents 
acquired  by  Spaniards  in  the  Island  of  Cuba,  and  in  Porto 
Rico,  the  Philippines  and  other  ceded  territories,  at  the  time 
of  the  exchange  of  the  ratifications  of  this  treaty,  shall 
continue  to  be  respected.  Spanish  scientific,  literary  and 
artistic  works,  not  subversive  of  public  order  in  the  terri 
tories  in  question,  shall  continue  to  be  admitted  free  of  duty 
into  such  territories,  for  the  period  of  ten  years,  to  be 
reckoned  from  the  date  of  the  exchange  of  the  ratifications 
of  this  treaty. 

ARTICLE     XIV 

Spain  shall  have  the  power  to  establish  consular  officers 
in  the  ports  and  places  of  the  territories,  the  sovereignty 
over  which  has  been  either  relinquished  or  ceded  by  the 
present  treaty. 

ARTICLE    XV 

The  Government  of  each  country  will,  for  the  term  of  ten 
years,  accord  to  the  merchant  vessels  of  the  other  country 

381 


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the  same  treatment  in  respect  of  all  port  charges,  including 
entrance  and  clearance  dues,  light  dues,  and  tonnage  duties, 
as  it  accords  to  its  own  merchant  vessels,  not  engaged  in  the 
coastwise  trade. 

This  article  may  at  any  time  be  terminated  on  six  months* 
notice  given  by  either  Government  to  the  other. 

ARTfCLE    XVI 

It  is  understood  that  any  obligations  assumed  in  this 
treaty  by  the  United  States  with  respect  to  Cuba  are  limited 
to  the  time  of  its  occupancy  thereof;  but  it  will  upon  the 
termination  of  such  occupancy,  advise  any  Government 
established  in  the  island  to  assume  the  same  obligations. 

ARTICLE     XVII 

The  present  treaty  shall  be  ratified  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Majesty  the  Queen  Regent 
of  Spain ;  and  the  ratifications  shall  be  exchanged  at  Wash 
ington  within  six  months  from  the  date  hereof,  or  earlier  if 
possible. 

In   faith  whereof,  we,  the  respective   Plenipotentiaries, 

have  signed  this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Paris,  the  tenth  day  of  December, 

in  the  year  of  Our  Lord  one  thousand  eight  hundred  and 

ninety-eight. 

[SEAL.]  WILLIAM  R.  DAY 

[SEAL.]  CUSHMAN  K.  DAVIS 

[SEAL.]  WM.  P.  FRYE 

[SEAL.]  GEO.  GREY 

[SEAL.]  WHITELAW  REID 


382 


Reciprocal  Commercial  Convention   between   the 
United  States  and  Cuba     1902 

The  President  of  the  United  States  of  America  and  the 
President  of  the  Republic  of  Cuba,  animated  by  the  desire 
to  strengthen  the  bonds  of  friendship  between  the  two 
countries,  and  to  facilitate  their  commercial  intercourse  by 
improving  the  conditions  of  trade  between  them,  have  re 
solved  to  enter  into  a  convention  for  that  purpose,  and 
have  appointed  their  respective  Plenipotentiaries,  to-wit: 

The  President  of  the  United  States  of  America,  the 
Honorable  General  Tasker  H.  Bliss; 

The  President  of  the  Republic  of  Cuba,  the  Honorable 
Carlos  de  Zaldo  y  Beurmann,  Secretary  of  State  and 
Justice,  and  the  Honorable  Jose  M.  Garcia  y  Montes,  Sec 
retary  of  the  Treasury; 

Who,  after  an  exchange  of  their  full  powers  found  to  be 
in  good  and  due  form,  have,  in  consideration  of  and  in 
compensation  for  the  respective  concessions  and  engage 
ments  made  by  each  to  the  other  as  hereinafter  recited, 
agreed  and  do  hereby  agree  upon  the  following  Articles 
for  the  regulation  and  government  of  their  reciprocal  trade, 
namely : 

ARTICLE    I 

During  the  term  of  this  convention,  all  articles  of 
merchandise  being  the  product  of  the  soil  or  industry  of 
the  United  States  which  are  now  imported  into  the  Re 
public  of  Cuba  free  of  duty,  and  all  articles  of  merchandise 
being  the  product  of  the  soil  or  industry  of  the  Republic 
of  Cuba  which  are  now  imported  into  the  United  States 

383 


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free  of  duty,  shall  continue  to  be  so  admitted  by  the  re 
spective  countries  free  of  duty. 


ARTICLE    II 

During  the  term  of  this  convention,  all  articles  of  mer 
chandise  not  included  in  the  foregoing  Article  I  and  being 
the  product  of  the  soil  or  industry  of  the  Republic  of  Cuba 
imported  into  the  United  States  shall  be  admitted  at  a 
reduction  of  twenty  percentum  of  the  rates  of  duty  there 
on  as  provided  by  the  Tariff  Act  of  the  United  States  ap 
proved  July  24,  1897,  or  as  may  be  provided  by  any  tariff 
law  of  the  United  States  subsequently  enacted. 

ARTICLE    III 

During  the  term  of  this  convention,  all  articles  of  mer 
chandise  not  included  in  the  foregoing  Article  I  and  not 
hereinafter  enumerated,  being  the  product  of  the  soil  or 
industry  of  the  United  States,  imported  into  the  Republic 
of  Cuba  shall  be  admitted  at  a  reduction  of  twenty  per 
centum  of  the  rates  of  duty  thereon  as  now  provided  or 
as  may  hereafter  be  provided  in  the  Customs  Tariff  of  said 
Republic  of  Cuba. 

ARTICLE    IV 

During  the  term  of  this  convention,  the  following  articles 
of  merchandise  as  enumerated  and  described  in  the  existing 
Customs  Tariff  of  the  Republic  of  Cuba,  being  the  product 
of  the  soil  or  industry  of  the  United  States  imported  into 
Cuba  shall  be  admitted  at  the  following  respective  reduc 
tions  of  the  rates  of  duty  thereon  as  now  provided  or  as 
may  hereafter  be  provided  in  the  Customs  Tariff  of  the 
Republic  of  Cuba. 

384 


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SCHEDULE    A 

To  be  admitted  at  a  reduction  of  twenty-five  (25)  per- 
centum : 

Machinery  and  apparatus  of  copper  or  its  alloys  or  ma 
chines  and  apparatus  in  which  copper  or  its  alloys  enter 
as  the  component  of  chief  value;  cast  iron,  wrought  iron 
and  steel,  and  manufactures  thereof;  articles  of  crystal 
and  glass,  except  window  glass;  ships  and  water  borne 
vessels  of  all  kinds,  of  iron  or  steel ;  whiskies  and  brandies ; 
fish,  salted,  pickled,  smoked  or  marinated;  fish  or  shellfish, 
preserved  in  oil  or  otherwise  in  tins;  articles  of  pottery 
or  earthenware  now  classified  under  Paragraphs  21  and  22 
of  the  Customs  Tariff  of  the  Republic  of  Cuba. 

SCHEDULE    B 

To  be  admitted  at  a  reduction  of  thirty  (30)  percentum: 
Butter;  flour  of  wheat;  corn;  flour  of  corn  or  corn  meal; 
chemical  and  pharmaceutical  products  and  simple  drugs; 
malt  liquors  in  bottles;  non-alcoholic  beverages;  cider;  min 
eral  waters;  colors  and  dyes;  window  glass;  complete  or 
partly  made  up  articles  of  hemp,  flax,  pita,  jute,  henequen, 
ramie,  and  other  vegetable  fibers  now  classified  under  the 
paragraphs  of  Group  2,  Class  V,  of  the  Customs  Tariff 
of  the  Republic  of  Cuba ;  musical  instruments ;  writing  and 
printing  paper,  except  for  newspapers;  cotton  and  manu 
factures  thereof,  except  knitted  goods  (see  Schedule  C) ; 
all  articles  of  cutlery ;  boots,  shoes  and  slippers,  now  classi 
fied  under  Paragraphs  197  and  1Q8  of  the  Customs  Tariff 
of  the  Republic  of  Cuba;  gold  and  silver  plated  ware; 
drawings,  photographs,  engravings,  lithographs,  cromo- 
lithographs,  oleographs,  etc.,  printed  from  stone,  zinc,  alu- 

385 


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minium,  or  other  material,  used  as  labels,  flaps,  bands  and 
wrappers  for  tobacco  or  other  purposes,  and  all  the  other 
papers  (except  paper  for  cigarettes,  and  excepting  maps 
and  charts),  pasteboard  and  manufactures  thereof,  now 
classified  under  Paragraphs  157  to  164  inclusive  of  the 
Customs  Tariff  of  the  Republic  of  Cuba;  common  or 
ordinary  soaps,  now  classified  under  Paragraph  105, 
letters  "A"  and  "  B,"  of  the  Customs  Tariff  of  the  Re 
public  of  Cuba;  vegetables,  pickled  or  preserved  in  any 
manner;  all  wines  except  those  now  classified  under 
Paragraph  279  (a)  of  the  Customs  Tariff  of  the  Republic 
of  Cuba. 

SCHEDULE    C 

To  be  admitted  at  a  reduction  of  forty  (40)  percentum: 
Manufactures  of  cotton,  knitted,  and  all  manufactures 
of  cotton  not  included  in  the  preceding  schedules;  cheese; 
fruits,  preserved;  paper  pulp;  perfumery  and  essences; 
articles  of  pottery  and  earthenware  now  classified  under 
Paragraph  20  of  the  Customs  Tariff  of  the  Republic  of 
Cuba;  porcelain;  soaps,  other  than  common,  now  classified 
under  Paragraph  105  of  the  Customs  Tariff  of  the  Repub 
lic  of  Cuba;  umbrellas  and  parasols;  dextrine  and  glucose; 
watches;  wool  and  manufactures  thereof;  silk  and  manu 
factures  thereof;  rice;  cattle. 

ARTICLE  v 

It  is  understood  and  agreed  that  the  laws  and  regula 
tions  adopted,  or  that  may  be  adopted,  by  the  United  States 
and  by  the  Republic  of  Cuba,  to  protect  their  revenues  and 
prevent  fraud  in  the  declarations  and  proofs  that  the 
articles  of  merchandise  to  which  this  convention  may  apply 
are  the  product  or  manufacture  of  the  United  States  and 

386 


NATIONAL     DOCUMENTS 

the  Republic  of  Cuba,  respectively,  shall  not  impose  any 
additional  charge  or  fees  therefor  on  the  articles  imported, 
excepting  the  consular  fees  established,  or  which  may  be 
established,  by  either  of  the  two  countries  for  issuing  ship 
ping  documents,  which  fees  shall  not  be  higher  than  those 
charged  on  the  shipments  of  similar  merchandise  from  any 
other  nation  whatsoever. 

ARTICLE    VI 

It  is  agreed  that  the  tobacco,  in  any  form,  of  the  United 
States  or  of  any  of  its  insular  possessions,  shall  not  enjoy 
the  benefit  of  any  concession  or  rebate  of  duty  when  im 
ported  into  the  Republic  of  Cuba. 

ARTICLE    VII 

It  is  agreed  that  similar  articles  of  both  countries  shall 
receive  equal  treatment  on  their  importation  into  the  ports 
of  the  United  States  and  of  the  Republic  of  Cuba,  re 
spectively. 

ARTICLE    VIII 

The  rates  of  duty  herein  granted  by  the  United  States 
to  the  Republic  of  Cuba  are  and  shall  continue  during  the 
term  of  this  convention  preferential  in  respect  to  all  like 
imports  from  other  countries,  and,  in  return  for  said 
preferential  rates  of  duty  granted  to  the  Republic  of  Cuba 
by  the  United  States,  it  is  agreed  that  the  concession 
herein  granted  on  the  part  of  the  said  Republic  of  Cuba 
to  the  products  of  the  United  States  shall  likewise  be,  and 
shall  continue,  during  the  term  of  this  convention,  prefer 
ential  in  respect  to  all  like  imports  from  other  countries: 
Provided,  That  while  this  convention  is  in  force,  no  sugar 
imported  from  the  Republic  of  Cuba,  and  being  the  product 

387 


NATIONAL     DOCUMENTS 

of  the  soil  or  industry  of  the  Republic  of  Cuba,  shall  be 
admitted  into  the  United  States  at  a  reduction  of  duty 
greater  than  twenty  percentum  of  the  rates  of  duty  thereon 
as  provided  by  the  tariff  act  of  the  United  States  approved 
July  24,  1897,  and  no  sugar,  the  product  of  any  other 
foreign  country,  shall  be  admitted  by  treaty  or  convention 
into  the  United  States,  while  this  convention  is  in  force, 
at  a  lower  rate  of  duty  than  that  provided  by  the  tariff 
act  of  the  United  States  approved  July  24,  1897. 

ARTICLE    IX 

In  order  to  maintain  the  mutual  advantages  granted  in 
the  present  convention  by  the  United  States  to  the  Re 
public  of  Cuba  and  by  the  Republic  of  Cuba  to  the  United 
States,  it  is  understood  and  agreed  that  any  tax  or  charge 
that  may  be  imposed  by  the  national  or  local  authorities 
of  either  of  the  two  countries  upon  the  articles  of  mer 
chandise  embraced  in  the  provisions  of  this  convention, 
subsequent  to  importation  and  prior  to  their  entering  into 
consumption  in  the  respective  countries,  shall  be  imposed 
and  collected  without  discrimination  upon  like  articles 
whencesoever  imported. 

ARTICLE    X 

It  is  hereby  understood  and  agreed  that  in  case  of 
changes  in  the  tariff  of  either  country  which  deprive  the 
other  of  the  advantage  which  is  represented  by  the  per 
centages  herein  agreed  upon,  on  the  actual  rates  of  the 
tariffs  now  in  force,  the  country  so  deprived  of  this  pro 
tection  reserves  the  right  to  terminate  its  obligations  under 
this  convention  after  six  months'  notice  to  the  other  of  its 
intention  to  arrest  the  operations  thereof. 

And  it  is  further  understood  and  agreed  that  if,  at  any 
time  during  the  term  of  this  convention,  after  the  expira- 

388 


NATIONAL     DOCUMENTS 

tion  of  the  first  year,  the  protection  herein  granted  to  the 
products  and  manufactures  of  the  United  States  on  the  basis 
of  the  actual  rates  of  the  tariff  of  the  Republic  of  Cuba 
now  in  force,  should  appear  to  the  government  of  the  said 
Republic  to  be  excessive  in  view  of  a  new  tariff  law  that 
may  be  adopted  by  it  after  this  convention  becomes  opera 
tive,  then  the  said  Republic  of  Cuba  may  reopen  negotia 
tions  with  a  view  to  securing  such  modifications  as  may 
appear  proper  to  both  contracting  parties. 

ARTICLE    XI 

The  present  convention  shall  be  ratified  by  the  appro 
priate  authorities  of  the  respective  countries,  and  the  rati 
fications  shall  be  exchanged  at  Washington,  District  of 
Columbia,  United  States  of  America,  as  soon  as  may  be 
before  the  thirty-first  day  of  January,  1Q03,  and  the  con 
vention  shall  go  into  effect  on  the  tenth  day  after  the 
exchange  of  ratifications,  and  shall  continue  in  force  for 
the  terms  of  five  (5)  years  from  date  of  going  into  effect, 
and  from  year  to  year  thereafter  until  the  expiration  of 
one  year  from  the  day  when  either  of  the  contracting 
parties  shall  give  notice  to  the  other  of  its  intention  to 
terminate  the  same. 

This  convention  shall  not  take  effect  until  the  same  shall 
have  been  approved  by  the  Congress. 

In  witness  whereof  we,  the  respective  Plenipotentiaries, 
have  signed  the  same  in  duplicate,  in  English  and  Spanish, 
and  have  affixed  our  respective  seals,  at  Havana,  Cuba,  this 
eleventh  day  of  December,  in  the  year  one  thousand  nine 
hundred  and  two. 

TASKER   H.   BLISS.  [SEAL] 

CARLOS  DE  ZALDO.  [SEAL] 

JOSE  M.  GARCIA  MONTES.         [SEAL] 

389 


Supplementary   Convention  between   the    United 
States  and  Cuba     1903 

Extending  the  Time  within  which  may  be  Exchanged  the 
Ratifications  of  the  Commercial  Convention  Signed  on  De 
cember  11,  1902.  Signed  at  Washington,  January  26,  1903. 
Ratification  advised  by  the  Senate,  February  16,  1903. 
Ratified  by  the  President,  March  30,  1903.  Ratified  by 
Cuba,  March  30,  1903.  Ratifications  exchanged  at  Wash 
ington,  March  31,  1903.  Proclaimed,  December  17,  1903. 

By  the  President  of  the  United  States  of  America. 

A    PROCLAMATION 

Whereas  a  Supplementary  Convention  between  the 
United  States  of  America  and  the  Republic  of  Cuba,  ex 
tending  the  time  within  which  may  be  exchanged  the  ratifi 
cations  of  the  Commercial  Convention  signed  at  Habana, 
December  11,  1902,  was  concluded  and  signed  by  their 
respective  Plenipotentiaries  at  Washington,  on  the  twenty- 
sixth  day  of  January,  one  thousand  nine  hundred  and 
three,  the  original  of  which  Supplementary  Convention, 
being  in  the  English  and  Spanish  languages,  is  word  for 
word  as  follows : 

The  President  of  the  United  States  of  America  and  the 
President  of  the  Republic  of  Cuba  considering  it  expe 
dient  to  prolong  the  period  within  which,  by  Article  XI 
of  the  Commercial  Convention,  signed  by  their  respective 
plenipotentiaries  at  Habana  on  December  11,  1902,  the 
exchange  of  ratifications  of  the  said  Convention  shall  take 

390 


NATIONAL     DOCUMENTS 

place,  have  for  that  purpose  appointed  their  respective 
Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  John 
Hay,  Secretary  of  State  of  the  United  States  of  America; 
and 

The  President  of  Cuba,  Gonzalo  de  Quesada,  Envoy  Ex 
traordinary  and  Minister  Plenipotentiary  to  the  United 
States ; 

Who,  after  having  communicated  each  to  the  other  their 
respective  full  powers  which  were  found  to  be  in  good  and 
due  form,  have  agreed  upon  the  following  additional  and 
amendatory  article  to  be  taken  as  a  part  of  said  Conven 
tion: 

SOLE    ARTICLE 

The  respective  ratifications  of  the  said  Convention  shall 
be  exchanged  as  soon  as  possible,  and  within  two  months 
from  January  31,  1903. 

Done  in  duplicate  at  Washington  this  twenty-sixth  day 
of  January  A.  D.  1903. 

JOHN  HAY.  [SEAL] 

GONZALO   DE  QUESADA.       [SEAL] 

And  whereas  the  said  Supplementary  Convention  has 
been  duly  ratified  on  both  parts,  and  the  ratifications  of 
the  two  governments  were  exchanged  in  the  City  of  Wash 
ington,  on  the  thirty-first  day  of  March,  one  thousand  nine 
hundred  and  three; 

Now,  therefore,  be  it  known  that  I,  THEODORE 
ROOSEVELT,  President  of  the  United  States  of  Amer 
ica,  have  caused  the  said  Supplementary  Convention  to  be 
made  public,  to  the  end  that  the  sole  article  thereof  may 
be  observed  and  fulfilled  with  good  faith  by  the  United 
States  and  the  citizens  thereof. 

391 


NATIONAL     DOCUMENTS 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  of  America  to  be 
affixed. 

Done  at  the  City  of  Washington,  this  seven- 

[SEAL]      teenth   day   of   December,   in  the  year  of  our 

Lord  one  thousand  nine  hundred  and  three,  and 

of  the  Independence  of  the  United  States  the  one  hundred 

.'   and  twenty-eighth. 

THEODORE  ROOSEVELT. 
By  the  President: 
JOHN  HAY, 

Secretary  of  State. 


392 


Convention  between  the  United  States  and  the 
Republic  of  Panama     1904 

For  the  Construction  of  a  Ship  Canal  to  Connect  the 
Waters  of  the  Atlantic  and  Pacific  Oceans.  Signed  at 
Washington,  November  18,  1903.  Ratification  advised  by 
the  Senate,  February  23,  1904.  Ratified  by  the  President, 
February  25,  1904.  Ratified  by  Panama,  December  2, 
1903.  Ratifications  exchanged  at  Washington,  February 
26,  1904.  Proclaimed,  February  26,  1904. 

By  the  President  of  the  United  States  of  America. 

A    PROCLAMATION 

Whereas  a  Convention  between  the  United  States  of 
America  and  the  Republic  of  Panama  to  insure  the  con 
struction  of  a  ship  canal  across  the  Isthmus  of  Panama 
to  connect  the  Atlantic  and  Pacific  Oceans,  was  concluded 
and  signed  by  their  respective  Plenipotentiaries  at  Wash 
ington,  on  the  eighteenth  day  of  November,  one  thousand 
nine  hundred  and  three,  the  original  of  which  Convention, 
being  in  the  English  language,  is  word  for  word  as  follows  : 

ISTHMIAN   CANAL  CONVENTION 

The  United  States  of  America  and  the  Republic  of 
Panama  being  desirous  to  insure  the  construction  of  a  ship 
canal  across  the  Isthmus  of  Panama  to  connect  the  Atlantic 
and  Pacific  Oceans,  and  the  Congress  of  the  United  States 
of  America  having  passed  an  act  approved  June  28,  1902, 
in  furtherance  of  that  object,  by  which  the  President  of 
the  United  States  is  authorized  to  acquire  within  a  reason* 


NATIONAL     DOCUMENTS 

able  time  the  control  of  the  necessary  territory  of  the 
Republic  of  Colombia,  and  the  sovereignty  of  such  terri 
tory  being  actually  vested  in  the  Republic  of  Panama, 
the  high  contracting  parties  have  resolved  for  that  purpose 
to  conclude  a  convention  and  have  accordingly  appointed 
as  their  plenipotentiaries, — 

The  President  of  the  United  States  of  America,  John 
Hay,  Secretary  of  State,  and 

The  Government  of  the  Republic  of  Panama,  Philippe 
Bunau-Varilla,  Envoy  Extraordinary  and  Minister  Pleni 
potentiary  of  the  Republic  of  Panama,  thereunto  specially 
empowered  by  said  government,  who  after  communicating 
with  each  other  their  respective  full  powers,  found  to  be 
in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: 

ARTICLE    I 

The  United  States  guarantees  and  will  maintain  the  in 
dependence  of  the  Republic  of  Panama. 


ARTICLE    II 

The  Republic  of  Panama  grants  to  the  United  States 
in  perpetuity  the  use,  occupation  and  control  of  a  zone  of 
land  and  land  under  water  for  the  construction,  main 
tenance,  operation,  sanitation  and  protection  of  said  Canal 
of  the  width  of  ten  miles  extending  to  the  distance  of  five 
miles  on  each  side  of  the  center  line  of  the  route  of  the 
Canal  to  be  constructed;  the  said  zone  beginning  in  the 
Caribbean  Sea  three  marine  miles  from  mean  low  water 
mark  and  extending  to  and  across  the  Isthmus  of  Panama 
into  the  Pacific  Ocean  to  a  distance  of  three  marine  miles 
from  mean  low  water  mark  with  the  proviso  that  the  cities 
of  Panama  and  Colon  and  the  harbors  adjacent  to  said 


NATIONAL     DOCUMENTS 

cities,  which  are  included  within  the  boundaries  of  the 
zone  above  described,  shall  not  be  included  within  this 
grant.  The  Republic  of  Panama  further  grants  to  the 
United  States  in  perpetuity  the  use,  occupation  and  con 
trol  of  any  other  lands  and  waters  outside  of  the  zone 
above  described  which  may  be  necessary  and  convenient 
for  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  the  said  Canal  or  of  any  auxiliary  canals 
or  other  works  necessary  and  convenient  for  the  construc 
tion,  maintenance,  operation,  sanitation  and  protection  of 
the  said  enterprise. 

The  Republic  of  Panama  further  grants  in  like  manner 
to  the  United  States  in  perpetuity  all  islands  within  the 
limits  of  the  zone  above  described  and  in  addition  thereto 
the  group  of  small  islands  in  the  Bay  of  Panama,  named 
Perico,  Naos,  Culebra  and  Flamenco. 

ARTICLE    III 

The  Republic  of  Panama  grants  to  the  United  States 
all  the  rights,  power  and  authority  within  the  zone  men 
tioned  and  described  in  Article  II  of  this  agreement  and 
within  the  limits  of  all  auxiliary  lands  and  waters  men 
tioned  and  described  in  said  Article  II  which  the  United 
States  would  possess  and  exercise  if  it  were  the  sovereign 
of  the  territory  within  which  said  lands  and  waters  are 
located  to  the  entire  exclusion  of  the  exercise  by  the  Re 
public  of  Panama  of  any  such  sovereign  rights,  power 
or  authority. 

ARTICLE    IV 

As  rights  subsidiary  to  the  above  grants  the  Republic 
of  Panama  grants  in  perpetuity  to  the  United  States  the 
right  to  use  the  rivers,  streams,  lakes  and  other  bodies  of 

395 


NATIONAL     DOCUMENTS 

water  within  its  limits  for  navigation,  the  supply  of  water 
or  water-power  or  other  purposes,  so  far  as  the  use  of 
said  rivers,  streams,  lakes  and  bodies  of  water  and  the 
waters  thereof  may  be  necessary  and  convenient  for  the 
construction,  maintenance,  operation,  sanitation  and  pro 
tection  of  the  said  Canal. 


ARTICLE  v 

The  Republic  of  Panama  grants  to  the  United  States 
in  perpetuity  a  monopoly  for  the  construction,  maintenance 
and  operation  of  any  system  of  communication  by  means 
of  canal  or  railroad  across  its  territory  between  the  Carib 
bean  Sea  and  the  Pacific  Ocean. 


ARTICLE    VI 

The  grants  herein  contained  shall  in  no  manner  invali 
date  the  titles  or  rights  of  private  land  holders  or  owners  of 
private  property  in  the  said  zone  or  in  or  to  any  of  the 
lands  or  waters  granted  to  the  United  States  by  the  pro 
visions  of  any  Article  of  this  treaty,  nor  shall  they  inter 
fere  with  the  rights  of  way  over  the  public  roads  passing 
through  the  said  zone  or  over  any  of  the  said  lands  or 
waters  unless  said  rights  of  way  or  private  rights  shall 
conflict  with  rights  herein  granted  to  the  United  States  in 
which  case  the  rights  of  the  United  States  shall  be  superior. 
All  damages  caused  to  the  owners  of  private  lands  or  pri 
vate  property  of  any  kind  by  reason  of  the  grants  contained 
in  this  treaty  or  by  reason  of  the  operations  of  the  United 
States,  its  agents  or  employees,  or  by  reason  of  the  con 
struction,  maintenance,  operation,  sanitation  and  protection 
of  the  said  Canal  or  of  the  works  of  sanitation  and  pro- 

396 


NATIONAL     DOCUMENTS 

tection  herein  provided  for,  shall  be  appraised  and  settled 
by  a  joint  Commission  appointed  by  the  Governments  of 
the  United  States  and  the  Republic  of  Panama,  whose  de 
cisions  as  to  such  damages  shall  be  final  and  whose  awards 
as  to  such  damages  shall  be  paid  solely  by  the  United 
States.  No  part  of  the  work  on  said  Canal  or  the  Panama 
railroad  or  on  any  auxiliary  works  relating  thereto  and 
authorized  by  the  terms  of  this  treaty  shall  be  prevented, 
delayed  or  impeded  by  or  pending  such  proceedings  to 
ascertain  such  damages.  The  appraisal  of  said  private 
lands  and  private  property  and  the  assessment  of  damages 
to  them  shall  be  based  upon  their  value  before  the  date  of 
this  convention. 

ARTICLE    VII 

The  Republic  of  Panama  grants  to  the  United  States 
within  the  limits  of  the  cities  of  Pananm  and  Colon  and 
their  adjacent  harbors  and  within  the  territory  adjacent 
thereto  the  right  to  acquire  by  purchase  or  by  the  exercise 
of  the  right  of  eminent  domain,  any  lands,  buildings,  water 
rights  or  other  properties  necessary  and  convenient  for  the 
construction,  maintenance,  operation  and  protection  of  the 
Canal  and  of  any  works  of  sanitation,  such  as  the  collection 
and  disposition  of  sewage  and  the  distribution  of  water 
in  the  said  cities  of  Panama  and  Colon,  which,  in  the  discre 
tion  of  the  United  States  may  be  necessary  and  convenient 
for  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  the  said  Canal  and  railroad.  All  such 
works  of  sanitation,  collection  and  disposition  of  sewage 
and  distribution  of  water  in  the  cities  of  Panama  and 
Colon  shall  be  made  at  the  expense  of  the  United  States, 
and  the  Government  of  the  United  States,  its  agents  or 
nominees  shall  be  authorized  to  impose  and  collect  water 

397 


NATIONAL     DOCUMENTS 

rates  and  sewage  rates  which  shall  be  sufficient  to  provide 
for  the  payment  of  interest  and  the  amortization  of  the 
principal  of  the  cost  of  said  works  within  a  period  of  fifty 
years  and  upon  the  expiration  of  said  term  of  fifty  years 
the  system  of  sewers  and  water  works  shall  revert  to  and 
become  the  properties  of  the  cities  of  Panama  and  Colon 
respectively,  and  the  use  of  the  water  shall  be  free  to  the 
inhabitants  of  Panama  and  Colon,  except  to  the  extent 
that  water  rates  may  be  necessary  for  the  operation  and 
maintenance  of  said  system  of  sewers  and  water. 

The  Republic  of  Panama  agrees  that  the  cities  of 
Panama  and  Colon  shall  comply  in  perpetuity  with  the 
sanitary  ordinances  whether  of  a  preventive  or  curative 
character  prescribed  by  the  United  States  and  in  case  the 
Government  of  Panama  is  unable  or  fails  in  its  duty  to 
enforce  this  compliance  by  the  cities  of  Panama  and  Colon 
with  the  sanitary  ordinances  of  the  United  States  the  Re 
public  of  Panama  grants  to  the  United  States  the  right 
and  authority  to  enforce  the  same. 

The  same  right  and  authority  are  granted  to  the  United 
States  for  the  maintenance  of  public  order  in  the  cities  of 
Panama  and  Colon  and  the  territories  and  harbors  adjacent 
thereto  in  case  the  Republic  of  Panama  should  not  be,  in 
the  judgment  of  the  United  States,  able  to  maintain  such 
order. 

ARTICLE    VIII 

The  Republic  of  Panama  grants  to  the  United  States  all 
rights  which  it  now  has  or  hereafter  may  acquire  to  the 
property  of  the  New  Panama  Canal  Company  and  the 
Panama  Railroad  Company  as  a  result  of  the  transfer  of 
sovereignty  from  the  Republic  of  Colombia  to  the  Republic 
of  Panama  over  the  Isthmus  of  Panama  and  authorizes 
the  New  Panama  Canal  Company  to  sell  and  transfer  to 

398 


NATIONAL     DOCUMENTS 

the  United  States  its  rights,  privileges,  properties  and  con 
cessions  as  well  as  the  Panama  Railroad  and  all  the  shares 
or  part  of  the  shares  of  that  company ;  but  the  public  lands 
situated  outside  of  the  zone  described  in  Article  II  of  this 
treaty  now  included  in  the  concessions  to  both  said  enter 
prises  and  not  required  in  the  construction  or  operation 
of  the  Canal  shall  revert  to  the  Republic  of  Panama  ex 
cept  any  property  now  owned  by  or  in  the  possession  of 
said  companies  within  Panama  or  Colon  or  the  ports  or 
terminals  thereof. 

ARTICLE    IX 

The  United  States  agrees  that  the  ports  at  either  en 
trance  of  the  Canal  and  the  waters  thereof,  and  the  Re 
public  of  Panama  agrees  that  the  towns  of  Panama  and 
Colon  shall  be  free  for  all  time  so  that  there  shall  not  be 
imposed  or  collected  custom  house  tolls,  tonnage,  anchor 
age,  lighthouse,  wharf,  pilot,  or  quarantine  dues  or  any 
other  charges  or  taxes  of  any  kind  upon  any  vessel  using 
or  passing  through  the  Canal  or  belonging  to  or  employed 
by  the  United  States,  directly  or  indirectly,  in  connection 
with  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  the  main  Canal,  or  auxiliary  works,  or 
upon  the  cargo,  officers,  crew,  or  passengers  of  any  such 
vessels,  except  such  tolls  and  charges  as  may  be  imposed 
by  the  United  States  for  the  use  of  the  Canal  and  other 
works,  and  except  tolls  and  charges  imposed  by  the  Re 
public  of  Panama  upon  merchandise  destined  to  be  intro 
duced  for  the  consumption  of  the  rest  of  the  Republic  of 
Panama,  and  upon  vessels  touching  at  the  ports  of  Colon 
and  Panama  and  which  do  not  cross  the  Canal. 

The  Government  of  the  Republic  of  Panama  shall  have 
the  right  to  establish  in  such  ports  and  in  the  towns  of 
Panama  and  Colon  such  houses  and  guards  as  it  may  deem 


NATIONAL     DOCUMENTS 

necessary  to  collect  duties  on  importations  destined  to 
other  portions  of  Panama  and  to  prevent  contraband  trade. 
The  United  States  shall  have  the  right  to  make  use  of  the 
towns  and  harbors  of  Panama  and  Colon  as  places  of  an 
chorage,  and  for  making  repairs,  for  loading,  unloading, 
depositing,  or  transshipping  cargoes  either  in  transit  or 
destined  for  the  service  of  the  Canal  and  for  other  works 
pertaining  to  the  Canal. 


ARTICLE    X 

The  Republic  of  Panama  agrees  that  there  shall  not  be 
imposed  any  taxes,  national,  municipal,  departmental,  or 
of  any  other  class,  upon  the  Canal,  the  railways  and  aux 
iliary  works,  tugs  and  other  vessels  employed  in  the  service 
of  the  Canal,  store  houses,  work  shops,  offices,  quarters  for 
laborers,  factories  of  all  kinds,  warehouses,  wharves,  ma 
chinery  and  other  works,  property,  and  effects  appertaining 
to  the  Canal  or  railroad  and  auxiliary  works,  or  their 
officers  or  employees,  situated  within  the  cities  of  Panama 
and  Colon,  and  that  there  shall  not  be  imposed  contribu 
tions  or  charges  of  a  personal  character  of  any  kind  upon 
officers,  employees,  laborers,  and  other  individuals  in  the 
service  of  the  Canal  and  railroad  and  auxiliary  works. 


ARTICLE    XI 

The  United  States  agrees  that  the  official  dispatches  of 
the  Government  of  the  Republic  of  Panama  shall  be 
transmitted  over  any  telegraph  and  telephone  lines  estab 
lished  for  canal  purposes  and  used  for  public  and  private 
business  at  rates  not  higher  than  those  required  from 
officials  in  the  service  of  the  United  States. 

400 


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ARTICLE    XII 

The  Government  of  the  Republic  of  Panama  shall  per 
mit  the  immigration  and  free  access  to  the  lands  and  work 
shops  of  the  Canal  and  its  auxiliary  works  of  all  employees 
and  workmen  of  whatever  nationality  under  contract  to 
work  upon  or  seeking  employment  upon  or  in  any  wise 
connected  with  the  said  Canal  and  its  auxiliary  works,  with 
their  respective  families,  and  all  such  persons  shall  be 
free  and  exempt  from  the  military  service  of  the  Republic 
of  Panama. 

ARTICLE    XIII 

The  United  States  may  import  at  any  time  into  the  said 
zone  and  auxiliary  lands,  free  of  custom  duties,  imposts, 
taxes,  or  other  charges,  and  without  any  restrictions,  any 
and  all  vessels,  dredges,  engines,  cars,  machinery,  tools, 
explosives,  materials,  supplies,  and  other  articles  necessary 
and  convenient  in  the  construction,  maintenance,  operation, 
sanitation  and  protection  of  the  Canal  and  auxiliary 
works,  and  all  provisions,  medicines,  clothing,  supplies  and 
other  things  necessary  and  convenient  for  the  officers,  em 
ployees,  workmen  and  laborers  in  the  service  and  employ 
of  the  United  States  and  for  their  families.  If  any  such 
articles  are  disposed  of  for  use  outside  of  the  zone  and 
auxiliary  lands  granted  to  the  United  States  and  within 
the  territory  of  the  Republic,  they  shall  be  subject  to  the 
same  import  or  other  duties  as  like  articles  imported  under 
the  laws  of  the  Republic  of  Panama. 

ARTICLE    XIV 

As  the  price  or  compensation  for  the  rights,  powers  and 
privileges  granted  in  this  convention  by  the  Republic  of 

401 


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Panama  to  the  United  States,  the  Government  of  the 
United  States  agrees  to  pay  to  the  Republic  of  Panama 
the  sum  of  ten  million  dollars  ($10,000,000)  in  gold  coin 
of  the  United  States  on  the  exchange  of  the  ratification  of 
this  convention  and  also  an  annual  payment  during  the  life 
of  this  convention  of  two  hundred  and  fifty  thousand  dol 
lars  ($250,000)  in  like  gold  coin,  beginning  nine  years 
after  the  date  aforesaid. 

The  provisions  of  this  Article  shall  be  in  addition  to  all 
other  benefits  assured  to  the  Republic  of  Panama  under 
this  convention. 

But  no  delay  or  difference  of  opinion  under  this  Article 
or  any  other  provisions  of  this  treaty  shall  affect  or  inter 
rupt  the  full  operation  and  effect  of  this  convention  in  all 
other  respects. 

ARTICLE  xv 

The  joint  commission  referred  to  in  Article  VI  shall  be 
established  as  follows: 

The  President  of  the  United  States  shall  nominate  two 
persons  and  the  President  of  the  Republic  of  Panama  shall 
nominate  two  persons  and  they  shall  proceed  to  a  decision ; 
but  in  case  of  disagreement  of  the  Commission  (by  reason 
of  their  being  equally  divided  in  conclusion)  an  umpire 
shall  be  appointed  by  the  two  Governments  who  shall 
render  the  decision.  In  the  event  of  the  death,  absence, 
or  incapacity  of  a  Commissioner  or  Umpire,  or  of  his 
omitting,  declining  or  ceasing  to  act,  his  place  shall  be 
filled  by  the  appointment  of  another  person  in  the  manner 
above  indicated.  All  decisions  by  a  majority  of  the  Com 
mission  or  by  the  umpire  shall  be  final. 


402 


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ARTICLE    XVI 

The  two  Governments  shall  make  adequate  provision  by 
future  agreement  for  the  pursuit,  capture,  imprisonment, 
detention  and  delivery  within  said  zone  and  auxiliary  lands 
to  the  authorities  of  the  Republic  of  Panama  of  persons 
charged  with  the  commitment  of  crimes,  felonies  or  mis 
demeanors  without  said  zone  and  for  the  pursuit,  capture, 
imprisonment,  detention  and  delivery  without  said  zone  to 
the  authorities  of  the  United  States  of  persons  charged 
with  the  commitment  of  crimes,  felonies  and  misdemeanors 
within  said  zone  and  auxiliary  lands. 

ARTICLE    XVII 

The  Republic  of  Panama  grants  to  the  United  States 
the  use  of  all  the  ports  of  the  Republic  open  to  commerce 
as  places  of  refuge  for  any  vessels  employed  in  the  Canal 
enterprise,  and  for  all  vessels  passing  or  bound  to  pass 
through  the  Canal  which  may  be  in  distress  and  be  driven 
to  seek  refuge  in  said  ports.  Such  vessels  shall  be  exempt 
from  anchorage  and  tonnage  dues  on  the  part  of  the  Re 
public  of  Panama. 

ARTICLE    XVIII 

The  Canal,  when  constructed,  and  the  entrances  thereto 
shall  be  neutral  in  perpetuity,  and  shall  be  opened  upon 
the  terms  provided  for  by  Section  I  of  Article  three  of, 
and  in  conformity  with  all  the  stipulations  of,  the  treaty 
entered  into  by  the  Governments  of  the  United  States  and 
Great  Britain  on  November  18,  1Q01. 


403 


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ARTICLE    XIX 

The  Government  of  the  Republic  of  Panama  shall  have 
the  right  to  transport  over  the  Canal  its  vessels  and  its 
troops  and  munitions  of  war  in  such  vessels  at  all  times 
without  paying  charges  of  any  kind.  The  exemption  is 
to  be  extended  to  the  auxiliary  railway  for  the  transpor 
tation  of  persons  in  the  service  of  the  Republic  of  Panama, 
or  of  the  police  force  charged  with  the  preservation  of 
public  order  outside  of  said  zone,  as  well  as  to  their  bag 
gage,  munitions  of  war  and  supplies. 

ARTICLE    XX 

If  by  virtue  of  any  existing  treaty  in  relation  to  the 
territory  of  the  Isthmus  of  Panama,  whereof  the  obliga 
tions  shall  descend  or  be  assumed  by  the  Republic  of 
Panama,  there  may  be  any  privilege  or  concession  in  favor 
of  the  Government  or  the  citizens  and  subjects  of  a  third 
power  relative  to  an  interoceanic  means  of  communication 
which  in  any  of  its  terms  may  be  incompatible  with  the  terms 
of  the  present  convention,  the  Republic  of  Panama  agrees 
to  cancel  or  modify  such  treaty  in  due  form,  for  which 
purpose  it  shall  give  to  the  said  third  power  the  requisite 
notification  within  the  term  of  four  months  from  the  date 
of  the  present  convention,  and  in  case  the  existing  treaty 
contains  no  clause  permitting  its  modifications  or  annul 
ment,  the  Republic  of  Panama  agrees  to  procure  its  modi 
fication  or  annulment  in  such  form  that  there  shall  not  exist 
any  conflict  with  the  stipulations  of  the  present  convention. 


404 


NATIONAL     DOCUMENTS 


ARTICLE    XXI 

The  rights  and  privileges  granted  by  the  Republic  of 
Panama  to  the  United  States  in  the  preceding  Articles  are 
understood  to  be  free  of  all  anterior  debts,  liens,  trusts,  or 
liabilities,  or  concessions  or  privileges  to  other  Govern 
ments,  corporations,  syndicates  or  individuals,  and  conse 
quently,  if  there  should  arise  any  claims  on  account  of 
the  present  concessions  and  privileges  or  otherwise,  the 
claimants  shall  resort  to  the  Government  of  the  Republic 
of  Panama  and  not  to  the  United  States  for  any  indemnity 
or  compromise  which  may  be  required. 

ARTICLE    XXII 

The  Republic  of  Panama  renounces  and  grants  to  the 
United  States  the  participation  to  which  it  might  be  en 
titled  in  the  future  earnings  of  the  Canal  under  Article  XV 
of  the  concessionary  contract  with  Lucien  N.  B.  Wyse  now 
owned  by  the  New  Panama  Canal  Company  and  any  and 
all  other  rights  or  claims  of  a  pecuniary  nature  arising 
under  or  relating  to  said  concession,  or  arising  under  or 
relating  to  the  concessions  to  the  Panama  Railroad  Com 
pany  or  any  extension  or  modification  thereof;  and  it  like 
wise  renounces,  confirms  and  grants  to  the  United  States, 
now  and  hereafter,  all  the  rights  and  property  reserved 
in  the  said  concessions  which  otherwise  would  belong  to 
Panama  at  or  before  the  expiration  of  the  terms  of  ninety- 
nine  years  of  the  concessions  granted  to  or  held  by  the 
above  mentioned  party  and  companies,  and  all  right,  title 
and  interest  which  it  now  has  or  may  hereafter  have,  in 
and  to  the  lands,  canal,  works,  property  and  rights  held 
by  the  said  companies  under  said  concessions  or  otherwise, 

405 


NATIONAL     DOCUMENTS 

and  acquired  or  to  be  acquired  by  the  United  States  from 
or  through  the  New  Panama  Canal  Company,  including 
any  property  and  rights  which  might  or  may  in  the  future 
either  by  lapse  of  time,  forfeiture  or  otherwise,  revert  to 
the  Republic  of  Panama  under  any  contracts  or  conces 
sions,  with  said  Wyse,  the  Universal  Panama  Canal  Com 
pany,  the  Panama  Railroad  Company  and  the  New  Panama 
Canal  Company. 

The  aforesaid  rights  and  property  shall  be  and  are 
free  and  released  from  any  present  or  reversionary  interest 
in  or  claims  of  Panama  and  the  title  of  the  United  States 
thereto  upon  consummation  of  the  contemplated  purchase 
by  the  United  States  from  the  New  Panama  Canal  Com 
pany,  shall  be  absolute,  so  far  as  concerns  the  Republic  of 
Panama,  excepting  always  the  rights  of  the  Republic 
specifically  secured  under  this  treaty. 


ARTICLE    XXIII 

If  it  should  become  necessary  at  any  time  to  employ 
armed  forces  for  the  safety  or  protection  of  the  Canal,  or 
of  the  ships  that  make  use  of  the  same,  or  the  railways 
and  auxiliary  works,  the  United  States  shall  have  the  right, 
at  all  times  and  in  its  discretion,  to  use  its  police  and  its 
land  and  naval  forces  or  to  establish  fortifications  for  these 
purposes. 

ARTICLE    XXIV 

No  change  either  in  the  Government  or  in  the  laws  and 
treaties  of  the  Republic  of  Panama  shall,  without  the  con 
sent  of  the  United  States,  affect  any  right  of  the  United 
States  under  the  present  convention,  or  under  any  treaty 
stipulation  between  the  two  countries  that  now  exists  or 

406 


NATIONAL     DOCUMENTS 

may  hereafter  exist  touching  the  subject  matter   of  this 
convention. 

If  the  Republic  of  Panama  shall  hereafter  enter  as  a 
constituent  into  any  other  Government  or  into  any  union 
or  confederation  of  states,  so  as  to  merge  her  sovereignty 
or  independence  in  such  Government,  union  or  confedera 
tion,  the  rights  of  the  United  States  under  this  convention 
shall  not  be  in  any  respect  lessened  or  impaired. 


ARTICLE    XXV 

For  the  better  performance  of  the  engagements  of  this 
convention  and  to  the  end  of  the  efficient  protection  of  the 
Canal  and  the  preservation  of  its  neutrality,  the  Govern 
ment  of  the  Republic  of  Panama  will  sell  or  lease  to  the 
United  States  lands  adequate  and  necessary  for  naval  or 
coaling  stations  on  the  Pacific  coast  and  on  the  western 
Caribbean  coast  of  the  Republic  at  certain  points  to  be 
agreed  upon  with  the  President  of  the  United  States. 


ARTICLE    XXVI 

This  convention  when  signed  by  the  Plenipotentiaries  of 
the  Contracting  Parties  shall  be  ratified  by  the  respective 
Governments  and  the  ratifications  shall  be  exchanged  at 
Washington  at  the  earliest  date  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have 
signed  the  present  convention  in  duplicate  and  have  here 
unto  affixed  their  respective  seals. 

Done  at  the  City  of  Washington  the  18th  day  of  Novem 
ber  in  the  year  of  our  Lord  nineteen  hundred  and  three. 

JOHN   HAY.  [SEAL] 

P.  BUNAU  VARILLA.        [SEAL] 

407 


NATIONAL     DOCUMENTS 

And  whereas  the  said  Convention  has  been  duly  ratified 
on  both  parts,  and  the  ratifications  of  the  two  governments 
were  exchanged  in  the  City  of  Washington,  on  the  twenty- 
sixth  day  of  February,  one  thousand  nine  hundred  and 
four; 

Now,  therefore,  be  it  known  that  I,  Theodore  Roosevelt, 
President  of  the  United  States  of  America,  have  caused 
the  said  Convention  to  be  made  public,  to  the  end  that  the 
same  and  every  article  and  clause  thereof,  may  be  observed 
and  fulfilled  with  good  faith  by  the  United  States  and  the 
citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  of  America  to  be 
affixed. 

Done  at  the  City  of  Washington,  this  twenty-sixth  day 
of  February,  in  the  year  of  our  Lord  one  thou- 
[SEAL]      sand  nine  hundred  and  four,  and  of  the  Inde 
pendence  of  the  United  States  the  one  hundred 
and  twenty-eighth. 

THEODORE  ROOSEVELT. 
By  the  President: 
JOHN  HAY, 

Secretary  of  State. 


408 


NOTES    ON    THE    TEXT 

First  Charter  of  Virginia     1606 

[Text  derived  from  Smith's  History  of  Virginia.] 

The  first  English  colony  in  America  was  planted  by  Sir 
Walter  Raleigh  in  1584?  under  a  grant  from  Queen  Eliza 
beth.  After  several  ventures  which  came  to  nothing  he  gave 
up  his  hope  of  colonizing  America.  England  was  occupied 
with  her  war  with  Spain  and  for  a  time  Virginia,  which  was 
the  name  given  to  the  country  at  large,  was  forgotten. 
After  the  close  of  the  war  the  interest  in  Virginia  was 
renewed  by  the  reports  of  some  returned  explorers  and 
some  enterprising  gentlemen  petitioned  King  James  for  a 
charter  enabling  them  to  plant  colonies  in  the  new  world. 
This  charter  which  is  a  typical  one,  was  granted  10  April 
1606  to  an  association  having  two  branches,  one  having  its 
headquarters  in  London  and  the  other  being  established 
at  Plymouth. 

AUTHORITIES 

Old  Virginia  and  her  Neighbors.     Vol.  I.     John  Fiske. 

Virginia,  Maryland  and  the  Carolinas.     J.  A.  Doyle. 

A   Short    History    of   the    English    Colonies    in    America. 

Henry  Cabot  Lodge. 
The  Making  of  Virginia  and  the  Middle  Colonies.     S.  A. 

Drake. 

The  Mayflower  Compact     1620 

[Text  derived  from  Bradford's  History  "Of  Plimoth 
Plantation."  Edition  of  1899.  From  the  original.  The 
spelling  is  slightly  modernized.] 

409 


NOTES    ON    THE    TEXT 

This  compact  was  made  in  the  cabin  of  the  Mayflower 
21  November  (11  November  old  style)  1620.  The  vessel 
had  dropped  anchor  in  Cape  Cod  harbor  at  noon  and  the 
Pilgrims  were  about  to  land  and  settle  in  the  neighborhood. 
They  carried  with  them  a  grant  or  patent  from  the  London 
branch  of  the  Virginia  company  but  owing  to  foul  weather 
instead  of  making  the  Virginia  coast  they  had  been  driven 
to  Cape  Cod  bay.  All  this  northern  coast  belonged  to  the 
Plymouth  company  but  the  Pilgrims  anticipated  no  trouble 
in  securing  a  charter  from  that  body.  In  the  mean  time 
there  would  be  no  recognized  authority  in  the  land  where 
they  were  about  to  settle  for  the  London  company  had  no 
jurisdiction  over  New  England.  There  was  reason  to  fear 
that  there  were  lawless  spirits  among  the  hired  laborers 
on  shipboard.  Bradford  says  in  his  History  of  New  Eng 
land  that  some  of  them  "  had  let  fall  .  .  .  that  when  they 
came  ashore  they  would  use  their  own  liberty,  for  none  had 
power  to  command  them."  "  It  was  thought  good/'  says 
Mourt's  Relation,  "  that  there  should  be  an  association  or 
agreement  that  we  should  combine  together  in  one  body; 
to  submit  to  such  government  and  Governors  as  we  should, 
by  common  consent,  agree  to  make  or  choose."  The  com 
pact  was  signed  by  41  of  the  65  adult  male  passengers  of 
the  Mayflower,  seven  of  the  signers  being  servants  or  hired 
laborers. 

18  Northern  parts  of  Virginia.  The  Pilgrims  used  the 
old  name  for  New  England.  It  was  called  North  Virginia 
till  Captain  John  Smith  in  1614  proposed  the  name  New 
England. 

AUTHORITIES 

New  England's  Memorial.     Nathaniel  Morton. 
History  of  New  England.     Vol.  I.     John  Gorham  Palfrey. 
The  Pilgrim  Fathers  of  New  England.     John  Brown. 

410 


NOTES    ON    THE    TEXT 

Articles  of  Confederation  of  the  New  England 
Colonies    1643 

[Text  derived  from  Bradford's  History  "  Of  Plimoth 
Plantation."  Edition  of  1899.  From  the  original.  The 
spelling  is  modernized.] 

A  confederation  of  the  New  England  colonies  was  first 
proposed  in  1637.  The  matter  was  discussed  from  time 
to  time  but  it  was  not  till  1643  that  commissioners  from 
Plymouth,  Connecticut,  New  Haven,  and  Massachusetts 
met  at  Boston  to  form  a  union.  "  These  coming  to  a  con 
sultation,  encountered  some  difficulties;  but  being  all  de 
sirous  of  union  and  studious  of  peace,  they  readily  yielded 
to  each  other  in  such  things  as  tended  to  common  utility, 
so  as  in  some  two  or  three  meetings  they  lovingly  accorded," 
wrote  John  Winthrop. 

The  articles  were  signed  10  May  by  all  the  commis 
sioners  except  those  from  Plymouth,  who  had  not  been 
authorized  to  sign  but  they  were  soon  ratified  by  the  govern 
ment  of  that  colony.  In  1662  a  charter  was  granted  Con 
necticut.  New  Haven  was  annexed  to  that  colony  and 
the  articles  were  revised  in  accordance  with  this  change. 
The  confederation  came  to  an  end  when  the  charter  of  Mas 
sachusetts  was  revoked  in  1684. 

19  Further  dispersed.  The  dispersion  of  the  colonists 
was  partly  due  to  differences  of  opinion  on  theology  and 
on  questions  touching  the  relations  of  church  and  state. 
Thomas  Hooker,  a  pastor  of  the  church  at  Newtown,  Mas 
sachusetts,  and  his  congregation  of  over  a  hundred  migrated 
to  the  Connecticut  valley  because  unlike  the  majority  of  the 
ministers  he  was  opposed  to  a  measure  intended  to  increase 
the  political  weight  of  the  clergy  and  maintained  that  the 


NOTES    ON    THE    TEXT 

foundation  of  authority  is  laid  in  the  free  consent  of  the 
people. 

19  People  of  several  nations.  The  French  were  upon 
the  eastern  border,  the  Dutch  upon  the  western,  and  the 
Swedes  upon  Delaware  bay. 

19  Combined  .  .  .  against  us.  "  By  reason  of  the  plot 
ting  of  the  Narragansetts  .  .  .  the  Indians  were  drawn 
into  a  general  conspiracy  against  the  English,"  wrote  Brad 
ford. 

19  Sad  distractions  in  England.  War  had  begun  be 
tween  King  Charles  and  parliament.  If  the  Puritan  cause 
should  fail  in  England  there  was  all  the  more  need  that 
New  England  should  be  a  safe  refuge  for  exiles. 

19  Hindered  .   .    .   seeking  advice.     The  colonists  found 
it  necessary  to  send  some  one  to  London  to  explain  and 
defend  the  action  of  the  colonies  and  Edward  Winslow  was 
chosen.     He  said  to  the  king,  "If  we  in  America  should 
forbear  to  unite  for  offence  and  defence  against  a  common 
enemy  till  we  have  leave  from  England,  our  throats  might 
all  be  cut  before  the  messenger  would  be  half  seas  through." 

20  The    Massachusetts.      Massachusetts    was    incorpo 
rated  under  the  name  of  "  The  Governor  and  Company  of 
the  Massachusetts  Bay  in  New  England." 

20  Member  of  this  confederation.     Rhode  Island  asked 
to  join  the  federation  but  was  refused  on  the  ground  that 
she  had  no  separate  government.     She  was  offered  annexa 
tion  to  Massachusetts  or  Plymouth. 

21  A  true  account  and  number.    The  population  of  the 
colonies    was    24,000;    15,000    belonged   to    Massachusetts 
while  the  other  colonies  had  only  about  3,000  each.     There 
were  39  towns. 

21  An  hundred  men.  Massachusetts  had  hesitated  about 
joining  a  confederation  in  which  she  would  have  no  more 
power  than  the  smaller  and  less  populous  states  and  yet 

412 


NOTES    ON    THE    TEXT 

would  be  obliged  to  bear  more  than  an  equal  share  of  ex 
pense  for  the  common  safety. 

AUTHORITIES 

New  England's  Memorial.     Nathaniel  Morton. 

History  of  New  England.  Vols.  I  and  II.     John  Gorham 

Palfrey. 

Beginnings  of  New  England.     John  Fiske. 
The  Pilgrim  Fathers  of  New  England.     John  Brown. 
The  Puritan  Colonies.    Vol.  I.    J.  A.  Doyle. 
The  Rise  of  the  Republic  of  the  United  States.     Richard 

Frothingham. 

A   Typical  Early  Indian  Treaty     1645 

[Text  derived  from  Historical  Collection  Consisting  of 
State  Papers.  By  Ebenezer  Hazard,  1792-94.] 

The  Narragansett  and  Mohegan  Indians  were  the  most 
powerful  tribes  in  southern  New  England  and  they  were 
constantly  on  the  verge  of  war.  In  1640  the  colonists 
undertook  to  arbitrate  and  the  tribes  agreed  not  to  make  war 
upon  each  other  without  the  consent  of  the  English.  The 
Narragansetts  broke  the  agreement,  attacked  the  Mohegans 
and  were  defeated.  Uncas,  the  Mohegan  chief,  took  Mian- 
tonomo,  the  Narragansett  chief,  prisoner,  and  after 
consulting  with  the  colonists  put  him  to  death.  The  Narra 
gansetts  claimed  that  a  ransom  had  been  paid  for  Mianto- 
nomo ;  the  Mohegans  denied  it.  Again  the  English  arbitrated 
and  in  September  1644  a  truce  was  made,  the  Narra 
gansetts  and  their  allies,  the  Nyanticks,  promising  not  to 
commit  any  acts  hostile  to  Uncas  "  till  after  the  next  plant 
ing  of  corn  "  and  that  before  making  war  on  the  Mohegans 
they  would  give  thirty  days'  warning  to  the  English.  In 

413 


NOTES    ON    THE    TEXT 

the  following  spring  the  Narragansetts  again  attacked  the 
Mohegans.  The  Federal  commissioners  sent  for  the  Narra- 
gansett  and  Nyantick  chiefs  to  come  "to  declare  and  prove 
upon  what  occasions  and  grounds  this  war  was  thus  broken 
out "  and  to  be  prepared  to  treat  for  peace.  Instead  of 
sending  their  chiefs  the  Narragansetts  sent  their  defiance. 
The  colonists  at  once  prepared  for  war  when  the  chiefs 
reconsidered  the  matter  and  presented  themselves  at  Bos 
ton  where  a  treaty  was  concluded  26  September  1645. 

31  Peacotts.  Pequots.  In  May  1637  a  force  of  77 
colonists  surprised  the  Pequot  Indians  and  nearly  annihi 
lated  them.  The  few  who  survived  were  divided  among  the 
Narragansetts  and  Nyanticks  and  adopted  by  them. 

33  Any  parcel  of  land.  The  Narragansetts  had  sold  a 
tract  of  land  to  the  king  of  England  through  one 
Samuel  Gorton  who  with  some  of  his  followers  had  been 
banished  from  the  colonies  for  heresy. 

AUTHORITIES 

The   History  of  New  England.   Vol.   II.     John  Gorham 

Palfrey. 

Bradford's  History  "  Of  Plimoth  Plantation." 
Historical   Collection   Consisting  of   State   Papers.     Com 
piled  by  Ebenezer  Hazard. 

Declaration  of  Rights     1765 

[Text  derived  from  Journal  of  the  First  Congress  of 
the  American  Colonies.  Edition  of  1845.] 

In   March   1765  the   British   parliament  passed   an    act 
called  the  Stamp  Act  which  provided  that  no  legal  instru 
ment  used  in  the  American  colonies  should  be  valid  unless 
it  bore  a  government  stamp.     The  measure  aroused  intense 
'     414 


NOTES    ON    THE    TEXT 

indignation  throughout  the  colonies.  All  the  assemblies 
protested  and  there  was  a  demand  for  a  general  congress 
to  be  held  before  the  Stamp  Act  should  go  into  effect. 
Delegates  from  nine  colonies  met  in  New  York  7  October 
and  continued  in  session  fourteen  days.  The  result  was  a 
declaration  of  rights  which  stated  the  right  of  the  colonies 
to  govern  themselves  as  loyal  subjects  of  the  king  but  not 
under  control  of  parliament.  The  declaration  was  adopted 
by  congress  19  October  and  was  sent  to  the  king.  In  the 
following  March  the  Stamp  Act  was  repealed  after  one  of 
the  hottest  debates  that  ever  took  place  in  the  house  of 
commons.  The  breach  between  the  colonies  and  the  mother 
country  was  healed  for  the  present.  There  was  an  outburst 
of  loyalty  toward  the  king  and  nearly  all  the  colonial  as 
semblies  voted  an  address  of  thanks  to  him.  At  the  same 
time  that  the  Stamp  Act  was  repealed  a  Declaratory  Act 
was  passed  which  stated  the  right  of  the  king  "  by  and 
with  the  advice  and  consent  "  of  parliament  to  make  laws 
binding  the  colonies  "  in  all  cases  whatsoever."  In  their 
joy  at  the  repeal  of  the  Stamp  Act  the  Americans  seem 
to  have  paid  little  heed  to  this  measure  which  was  largely 
responsible  for  their  subsequent  trouble. 

34t  This  Congress.  This  is  known  as  the  Stamp  Act 
congress. 

35  Trial  by  jury.  In  order  to  put  a  stop  to  smuggling, 
admiralty  courts  created  by  parliament  were  to  deal  with 
all  cases  of  violation  of  tariff  laws  without  a  trial  by  jury. 
The  jurisdiction  of  these  courts  was  gradually  extended 
to  other  cases,  thus  robbing  the  colonists  of  one  of  the 
oldest  rights  of  Englishmen. 

35  Duties  imposed.  The  Sugar  Act  was  passed  5  April 
1764.  This  imposed  fresh  and  heavier  taxes  on  sugar, 
wines,  coffee  and  all  goods  brought  from  France  and  the 
East  Indies. 

415 


NOTES    ON    THE    TEXT 

35  Restrictions  .  .  .  on  the  trade.  In  March  1764  the 
old  Navigation  Acts  or  tariff  laws  of  the  seventeenth  cen 
tury  were  amended  and  extended. 

AUTHORITIES 

The  Rise  of  the  Republic  of  the  United  States.     Richard 

Frothingham. 

The  American  Revolution.     W.  E.  H.  Lecky. 
The  American  Revolution.     Vol.  I.     John  Fiske. 
A    Short    History    of    the    English    Colonies    in   America. 

Henry  Cabot  Lodge. 
History  of  New  England.    Vol.  V.     John  Gorham  Palfrey. 

Declaration  and  Resolves  of  the  First 
Continental  Congress     1774 

[Text  derived  from  Journals  of  the  American  Congress 
from  1774  to  1778.  Vol.  I.  Edition  of  1823.] 

After  the  passage  of  the  Boston  Port  Bill  several  of  the 
Massachusetts  towns  sent  a  circular  letter  to  the  various 
colonies  asking  their  sympathy  and  support.  Some  con 
certed  action  on  the  part  of  the  colonies  was  seen  to  be 
necessary  and  calls  for  a  continental  congress  came  from 
New  York  and  Virginia.  Massachusetts  was  asked  to  ap 
point  the  date  and  place  for  the  meeting  of  such  a  congress 
and  her  assembly  on  17  June  1774  passed  a  resolve  to  send 
five  delegates  to  meet  delegates  from  the  other  colonies  at 
Philadelphia  on  the  first  of  the  following  September  "  to 
deliberate  upon  wise  and  proper  measures  to  be  by  them 
recommended  to  all  the  colonies,  for  the  recovery  and  estab 
lishment  of  their  just  rights  and  liberties,  civil  and  relig- 

416 


NOTES    ON    THE    TEXT 

ious,  and  the  restoration  of  union  and  harmony  between 
Great  Britain  and  the  colonies." 

The  congress  met  5  September  and  on  14  October  after  a 
session  of  five  weeks  agreed  upon  a  declaration  of  rights. 
Four  other  papers  were  drawn  up  by  this  body — an  address 
to  the  people  of  Great  Britain,  a  memorial  to  the  inhabit 
ants  of  British  America,  an  address  to  the  king,  and  a  non 
importation  and  non-exportation  association. 

Of  these  documents  the  Earl  of  Chatham  said  in  the 
house  of  lords,  "  When  your  lordships  look  at  these  papers 
transmitted  us  from  America,  when  you  consider  their 
decency,  firmness,  and  wisdom,  you  cannot  but  respect  their 
cause  and  wish  to  make  it  your  own.  For  myself,  I  must 
own  that  in  all  my  reading — and  I  have  read  Thucydides, 
and  have  studied  and  admired  the  master  states  of  the  world 
— for  solidity  of  reason,  force  of  sagacity,  and  wisdom  of 
conclusion  under  a  complication  of  difficult  circumstances,  no 
body  of  men  can  stand  in  preference  to  the  general  con 
gress  at  Philadelphia.  The  histories  of  Greece  and  Rome 
can  give  us  nothing  equal  to  it,  and  all  attempts  to  impose 
servitude  upon  such  a  mighty  race  must  be  in  vain.  We 
shall  be  forced  ultimately  to  retract;  let  us  retract  when  we 
can,  not  when  we  must." 

37  The  last  war.  The  war  between  Great  Britain  and 
France  terminated  by  the  treaty  of  Paris,  1763.  At  first 
the  congress  intended  to  state  the  rights  of  the  colonies 
in  general  with  all  the  violations  of  such  rights  but  it  was 
decided  to  confine  themselves  "  at  present,  to  the  consider 
ation  of  such  rights  as  have  been  infringed  by  acts  of  the 
British  Parliament  since  1763." 

37  Imposed  rates  and  duties.  Since  the  Declaration  of 
Rights  of  1 765  fresh  taxes  had  been  imposed.  On  29  June 
1767  a  bill  was  passed  laying  duties  on  glass,  lead,  paper, 
painters'  colors  and  tea.  By  an  act  of  2  July  1 767  the  tax 

417 


NOTES    ON    THE    TEXT 

on  tea  was  lowered  so  that  it  was  cheaper  for  the  colonists 
to  buy  it  from  England  than  to  smuggle  it  from  Holland. 
But  the  Americans  stood  out  for  the  principle  involved.  A 
tax  was  a  tax,  no  matter  how  small.  On  the  other  hand, 
though  the  revenue  derived  from  the  tea  tax  would  be  a  mere 
trifle,  Great  Britain  refused  to  remove  it.  She  too  was 
fighting  for  a  principle.  "  To  reduce  the  tea  tax  would 
stamp  us  with  timidity,"  said  the  prime  minister. 

37  Board  of  commissioners.  "  An  act  to  enable  His 
Majesty  to  put  the  customs,  and  other  duties,  in  the  British 
dominions  in  America,  and  the  execution  of  the  laws  relat 
ing  to  trade  there,  under  the  management  of  commissioners 
to  be  appointed  for  that  purpose,  and  to  be  resident  in  the 
said  dominions  "  was  passed  29  June  1767.  Formerly  many 
of  the  commissioners  lived  in  England  and  were  under  the 
authority  of  the  high  treasurer  or  of  commissioners  of  the 
treasury.  Now  the  resident  commissioners  were  to  have 
the  same  "  powers  and  authorities  "  as  formerly  had  been 
exercised  by  the  commissioners  of  customs  in  England,  "  to 
the  better  securing  of  said  rates  and  duties  by  the  more 
speedy  and  effectual  collection  thereof." 

37  Dependent  on  the  crown.  In  1772  an  act  was  passed 
providing  for  the  payment  of  the  salaries  of  the  Massa 
chusetts  judges  by  the  crown.  The  Massachusetts  assem 
bly  threatened  to  impeach  the  judges  if  they  accepted 
salaries  from  the  king.  Since  the  judges  were  no  longer 
dependent  on  the  colonies  for  their  salaries  their  tyranny 
was  not  likely  to  be  checked  for  politic  reasons  as 
heretofore. 

37  Standing  armies.  After  the  close  of  the  French  and 
Indian  war  Great  Britain  left  a  number  of  troops  in  Amer 
ica  and  compelled  the  colonists  to  contribute  to  their  sup 
port. 

37  Statute  .  .  .  Henry  the  Eighth,  "  This  raking-up 
418 


NOTES    ON    THE    TEXT 

of  an  obsolete  statute,  enacted  at  one  of  the  worst  periods 
of  English  history  and  before  England  had  any  colonies 
at  all  was  extremely  injudicious/'  says  John  Fiske. 

37  An  act  to  discontinue  .  .  .  Boston.  This  was  the 
Boston  Port  Act  of  31  March  1774. 

37  An  act    .    .    .    for    .    .    .    Massachusetts-Bay.     This 
measure,  known  as  the  Regulating  Act,  was  passed  20  May 
1774.      "  The  act  to  alter  the  charter  of  Massachusetts," 
says  H.  C.   Lodge,   "  firmly  united  the  American  colonies 
and  divided  the  empire  of  England." 

38  An  act  for    .    .    .    administration  of  justice.     This 
act  provided  that  if  any  British  officer  or  soldier  in  Massa 
chusetts   should   be   indicted    for   murder   or   other   capital 
offence  he  should  be  tried  in  England. 

38  Government  .  .  .  of  Quebec.  This  refers  to  the 
Quebec  Act  of  1774.  This  measure  "  dealt  with  the  recent 
conquests  of  England,  gave  toleration  to  the  Roman  Cath 
olics,  erected  an  arbitrary  government,  and  extended  the 
bounds  of  the  new  province  to  the  Ohio,  absorbing  the  terri 
tory  of  the  old  colonies,  and  threatening  the  possessions  of 
Virginia  and  Pennsylvania,"  comments  H.  C.  Lodge. 

38  Assemblies  .  .  .  dissolved.  The  assembly  of  New 
York  was  dissolved  in  1767  because  it  refused  to  comply 
with  the  Quartering  Act.  The  Massachusetts  assembly  was 
dissolved  in  1768  and  the  Virginia  house  of  burgesses  in 
1769-  Other  representative  bodies  were  dissolved  from 
time  to  time. 

40  Right  peaceably  to  assemble.  By  the  Regulation 
Act  the  right  of  public  meeting  was  practically  denied. 
Only  election  meetings  could  be  called  by  the  selectmen 
without  the  consent  of  the  governor  in  writing  "  express 
ing  the  special  business  of  the  said  meeting." 

40  Council  appointed  .  .  .  by  the  Crown.  The  same 
act  provided  for  the  appointment  of  the  council  or  upper 

419 


NOTES    ON    THE    TEXT 

chamber  of  Massachusetts  by  the  crown  as  already  was  the 
case  in  some  of  the  other  American  colonies. 

41  Judges'  certificate.     The  Administration  of  Justice 
Act  provided  that  a  British  officer  or  soldier  indicted  for 
a  crime  in  Massachusetts  might  have  the  attendance  at  his 
trial   of  any  witness  'he  chose,  the  witness  to  receive  his 
expenses  and  a  certificate  from  the  governor  that  he  had 
"  entered  into  a  recognizance  to  give  evidence." 

42  Providing    suitable    quarters.      This    refers    to   the 
Quartering  Act  of  2  June  1774.     The  Quartering  Act  of 
April  1765  obliged  the  colonists  to  provide  the  soldiers  with 
lodgings,  fuel,  bedding,  drink,  soap  and  candles. 

42  Non-importation  .  .  .  association.  This  measure 
was  felt  in  England.  The  exports  to  the  colonies  in  1768 
amounted  to  2,378,000  1;  in  1769  they  fell  to  1,634,000  1. 


AUTHORITIES 

American  Archives.     Fourth  Series.    Vol.  I.     Compiled  by 

Peter  Force. 
The  Rise  of  the  Republic  of  the  United  States.     Richard 

Frothingham. 
The    American    Revolution.      Vol.    I.      Sir    George    Otto 

Trevelyan. 

The  American  Revolution.     W.  E.  H.  Lecky. 
The  American  Revolution.     Vol.  I.     John  Fiske. 
A   Brief    History    of   the    English    Colonies    in    America. 

Henry  Cabot  Lodge. 


420 


NOTES    ON    THE    TEXT 

Declaration  of  the  Causes  and  Necessity  of 
Taking  up  Arms     1775 

[Text  derived  from  Journals  of  the  American  Congress 
from  1774  to  1778.  Vol.  I.  Edition  of  1823.] 

The  second  continental  congress  met  at  Philadelphia  10 
May  1775.  Since  its  last  session  war  with  England  had 
begun.  The  battles  of  Lexington  and  Concord  had  been 
fought,  the  provincial  congress  of  Massachusetts  had  raised 
an  army  and  Boston  was  virtually  in  a  state  of  siege.  The 
congress  still  declared  itself  for  peace  but  it  made  prepara 
tions  for  war.  On  15  June  it  passed  a  resolution  offered 
by  John  Adams  that  the  army  at  Boston  be  adopted  and 
George  Washington  be  appointed  commander.  Orders  were 
issued  for  the  enlistment  and  provisioning  of  troops  and 
the  erection  of  forts.  In  order  to  defray  expenses  notes  to 
the  value  of  $3,000,000  were  to  be  issued  in  the  name  of  the 
United  Colonies.  A  committee  was  appointed  23  June  to 
draw  up  "a  declaration  setting  forth  the  causes  and  ne 
cessity  of  taking  up  arms."  The  committee  reported  27  June 
and  on  6  July  congress  voted  the  adoption  of  the  declara 
tion.  A  second  petition  to  the  king  was  adopted  8  July. 

44  The  minister  .  .  .  publicly  declared.  This  minister 
was  William  Pitt,  afterward  Earl  of  Chatham.  He  and 
the  Duke  of  Newcastle  shared  the  duties  of  prime  minister, 
Newcastle  being  the  nominal  and  Pitt  the  real  head  of  the 
government. 

44  Change  in  his  counsels.     Pitt  resigned  in  October 
1761,  leaving  the  Duke  of  Newcastle  at  the  head  of  affairs. 
He  was  succeeded  in  May  1762  by  Lord  Bute. 

45  The  late  king.     George  III  came  to  the  throne  in 
1760.     George  II,  his  predecessor,  had  been  but  a  nominal 

421 


NOTES    ON    THE    TEXT 

king;  Sir  Robert  Walpole,  the  prime  minister,  had  been 
the  real  head  of  affairs.  When  a  plan  for  taxing  the  col 
onies  was  suggested  to  him  he  replied,  "  What !  I  have  half 
Old  England  set  against  me  already,  and  do  you  think  I 
will  have  all  New  England  likewise?  " 

46  Break  off    .    .    .    intercourse.     This  reference  is  to 
the  non-importation,  non-consumption,  and  non-exportation 
association  of  1774. 

47  Commercial  intercourse   .    .    .   sustenance.    "An  act 
to  restrain  the  trade  and  commerce  of  the  provinces  of  Mas- 
sachusett's  Bay  and  New  Hampshire,  and  colonies  of  Con 
necticut  and  Rhode  Island,  and  Providence  Plantation,  in 
North  America,  to  Great  Britain,  Ireland,  and  the  British 
islands  in  the  West  Indies;  and  to  prohibit  such  provinces 
and  colonies  from  carrying  on  any  fishery  on  the  banks  of 
Newfoundland,  or  other  places  therein   mentioned,   under 
certain  conditions  and  limitations  "  was  passed  30  March 
1775. 

47  Peers  and  commoners.  Lord  Chatham,  the  Duke  of 
Richmond,  Edmund  Burke,  Colonel  Barre  and  many  other 
notable  members  of  both  houses  protested  against  the  course 
of  the  ministry. 

50  We  mean  not  to  dissolve  that  union.  With  the  ex 
ception  of  Samuel  Adams  few  if  any  of  the  statesmen  had 
any  idea  of  separation  from  the  mother  country.  Franklin 
told  Lord  Chatham  that  he  had  never  heard  from  any  Amer 
ican  "  drunk  or  sober,  the  least  expression  of  a  wish  for  a 
separation  or  a  hint  that  such  a  thing  would  be  advanta 
geous  to  America."  And  John  Adams  said  in  March  1775 
that  it  was  slander  against  Massachusetts  to  say  that  "  any 
part  hankered  after  independence." 


422 


NOTES    ON    THE    TEXT 


AUTHORITIES 

American  Archives.     Fourth  Series.     Vol.  II.       Compiled 

by  Peter  Force. 

The  American  Revolution.     W.  E.  H.  Lecky. 
Life  of  Washington.     Vol.  I.     Washington  Irving. 
The  American  Revolution.     Vol.  I.     John  Fiske. 
The  Rise  of  the  Republic  of  the  United  States.     Richard 

Frothingham. 

The  Declaration  of  Independence    1776 

[Text  derived  from  Revised  Statutes  of  the  United 
States,  edition  of  1878.] 

The  second  continental  congress  convened  for  its  third 
annual  session  in  May  1776.  One  of  its  first  steps  was  to 
urge  the  several  colonies  to  provide  themselves  governments 
which  should  supersede  the  make-shift  committees  and  con 
gresses  which  had  managed  their  affairs  since  they  had 
ceased  to  be  governed  by  the  British.  The  resolution  which 
conveyed  the  advice  amounted  to  a  declaration  of  inde 
pendence  for  it  stated  that  "  the  exercise  of  every  kind  of 
authority  under  the  crown  ought  to  be  totally  suppressed." 
North  Carolina  was  the  first  colony  to  make  a  move  in  the 
right  direction;  she  framed  for  herself  a  government  and 
empowered  her  delegates  to  congress  to  join  any  measure 
which  seemed  essential  to  the  public  good.  Georgia  gave 
her  representatives  similar  instructions.  Virginia  went  still 
farther  and  authorized  her  delegates  to  congress  "  to  pro 
pose  to  that  respectable  body  to  declare  the  United  Colonies 
free  and  independent  States."  Other  colonies  promised  to 
uphold  congress  should  it  see  fit  to  make  such  a  declaration. 

On  7  June  Richard  Henry  Lee  of  Virginia  proposed  and 
423 


NOTES    ON    THE    TEXT 

John  Adams  of  Massachusetts  seconded  the  following  reso 
lutions  : 

"  That  these  United  Colonies  are,  and  of  a  right  ought  to 
be,  free  and  independent  States;  that  they  are  absolved 
from  all  allegiance  to  the  British  Crown ;  and  that  all  polit 
ical  connection  between  them  and  the  State  of  Great  Bri 
tain  is,,  and  ought  to  be,  totally  dissolved. 

"  That  it  is  expedient  forthwith  to  take  the  most  effectual 
measures  for  forming  foreign  alliances. 

"  That  a  plan  of  confederation  be  prepared  and  trans 
mitted  to  the  several  colonies,  for  their  consideration  and 
approbation." 

So  important  was  the  measure  that  it  was  agreed  to  post 
pone  the  debate  till  1  July.  In  the  mean  time  Thomas 
Jefferson,  John  Adams,  Roger  Sherman  and  Robert  Liv 
ingstone  were  to  draw  up  a  declaration  of  independence. 
A  second  committee  was  appointed  to  frame  a  confederation 
to  be  submitted  to  the  colonies  and  a  third  to  consider  the 
question  of  treaties  with  foreign  powers. 

When  on  1  July  congress  took  up  Lee's  motion  nine  col 
onies  voted  for  it.  On  the  following  day  three  more  fell  in 
line.  On  4  July  the  delegates  of  the  12  colonies  unani 
mously  adopted  the  declaration  of  independence  presented 
by  the  committee,  the  work  being  almost  entirely  Jeffer 
son's.  New  York  adopted  it  9  July.  The  thing  was  done 
and  the  joy  and  relief  of  the  people  were  shown  in  bonfires, 
torch-light  processions,  firing  of  guns  and  ringing  of  bells. 
The  people  seemed  "  to  recognize  this  resolution,"  said 
Samuel  Adams,  "  as  though  it  were  a  decree  promulgated 
from  heaven." 

A  newspaper  of  this  time  thus  describes  the  reception 
of  the  news  in  New  York:  "  This  afternoon  the  Declaration 
of  Independence  was  read  at  the  head  of  each  brigade  of 
the  Continental  Army  posted  at  New  York.  It  was  received 

424 


NOTES    ON    THE    TEXT 

everywhere  with  loud  huzzas  and  the  utmost  demonstrations 
of  joy  and  tonight  the  equestrian  statue  of  George  III 
which  Tory  pride  and  folly  raised  in  the  year  1770,  has, 
by  the  Sons  of  Freedom,  been  laid  prostrate  in  the  dirt — 
the  just  reward  of  the  ungrateful  tyranny!  The  lead 
wherewith  the  monument  was  made  is  to  be  run  into  bullets." 

53  Laws  .  .  .  wholesome  and  necessary.  Frequently 
laws  made  by  the  colonial  assemblies,  dealing  with  commer 
cial  necessities,  were  denied  the  assent  of  the  crown. 

53  Laws  of  immediate  .  .  .  importance.  The  assembly 
of  Massachusetts  was  prorogued  from  time  to  time  and 
important  bills  "  utterly  neglected." 

53  Places  unusual.  After  the  Boston  tea-party  the  Bos 
ton  Port  Bill  was  passed.  Ships  were  prohibited  from  en 
tering  or  leaving  Boston  till  the  tea  was  paid  for  and  Mar- 
blehead  instead  of  Boston  was  made  a  port  of  entry.  The 
seat  of  government  was  removed  to  Salem  but  the  public 
records  were  kept  in  Boston  under  military  guard  so  that 
the  colonists  could  not  use  them.  The  South  Carolina  as 
sembly  was  convened  at  Beaufort  instead  of  the  capital. 

53  Prevent  the  population.     A  proclamation  was  issued 
by  the  king  in  1763  excluding  settlers  from  the  western 
territory  just  acquired  from  France  by  the  treaty  of  1763. 
It  was  the  policy  of  England  to  keep  settlers  out  of  the 
"  back  country,"  reserving  it  for  a  hunting-ground  for  the 
Indians  through  whom  she  carried  on  a  large  trade  in  furs. 

54  Swarms     of    Officers.      Collectors     of     duties     and 
officers  of  the  admiralty  courts.     The  colonists  paid  their 
salaries.     Many  of  them  were  men  of  whom  England  was 
glad  to  be  rid. 

54  Military  .  .  .  superior  to  the  Civil  Power.  In  1774 
General  Gage  was  appointed  governor  of  Massachusetts. 
In  New  York  too  the  military  was  made  superior  to  the 
civil  power. 

425 


NOTES    ON    THE    TEXT 

54  Jurisdiction  foreign  to  our  constitution.     This  refers 
to  the  appointment  of  the  council  of  Massachusetts  by  the 
crown  in    1774.     This  and  most  of  the  other   grievances 
enumerated  here  are  also  stated  in  the  previous  declara 
tions. 

55  Abdicated  Government.     In  1775  the  king  in  a  mes 
sage  to  parliament  declared  the  colonists  to  be  in  a  state 
of  rebellion.     This  and  the  fact  that  he  had  made  war  on 
them  probably   seemed  to  the   colonists   an   abdication  of 
government. 

55  Foreign  mercenaries.  King  George  hired  20,000  in 
fantry  from  the  small  German  states.  The  Hessians,  as 
all  these  hired  soldiers  were  called,  were  especially  hateful 
to  the  colonists. 

55  Constrained  our  fellow  Citizens.     England  kept  up 
this  practice  of  impressing  American  seamen  till  the  close 
of  the  war  of  1812. 

56  These  United  Colonies.     On  9  September  1776  con 
gress  resolved  "  That  in  all  continental  commissions,  and 
other    instruments    where,    heretofore,    the    words    United 
Colonies  have  been  used,  the  style  be  altered,  for  the  future, 
to  the  United  States." 

AUTHORITIES 

The  American  Revolution.    Vol.  I.     John  Fiske. 

The    Story    of    the    Revolution.      Vol.    II.     Henry    Cabot 

Lodge. 
The  Rise  of  the  Republic  of  the  United  States.     Richard 

Frothingham. 
The   Constitutional    and   Political    History   of   the    United 

States.    Vol.  I.     Dr.  H.  von  Hoist. 
The  French  War  and  the  Revolution.     W.  M.  Sloane. 
Thomas  Jefferson.     John  T.  Morse,  Jr. 
American   Archives.     Fifth   Series.     Vol.    I.     Complied  by 

Peter  Force. 


NOTES    ON    THE    TEXT 


Articles  of  Confederation  1777 

[Text  derived  from  Revised  Statutes  of  the  United 
States,  edition  of  1878.] 

Before  the  adoption  of  the  Declaration  of  Independence 
congress  appointed  a  committee  "  to  prepare  and  digest  the 
form  of  confederation  to  be  entered  into  between  these  col 
onies."  The  committee  presented  12  July  1776  a  draft  of 
a  constitution  said  to  have  been  written  by  John  Dickinson 
of  Delaware  but  many  changes  were  made  and  it  was  not 
till  15  November  1777  that  the  final  draft  was  adopted  by 
congress.  Before  the  close  of  1778  all  of  the  states  except 
Delaware  and  Maryland  had  adopted  the  articles.  Delaware 
ratified  them  in  the  following  year  but  Maryland  held  back, 
though  by  so  doing  she  kept  the  country  without  a  govern 
ment.  Some  of  the  large  states,  especially  Virginia,  claimed 
large  portions  of  what  was  known  as  the  Northwest  terri 
tory  and  that  fact  in  the  opinion  of  Maryland  would  give 
them  too  large  a  preponderance  in  the  proposed  confeder 
ation.  At  length,  1  March  1781,  on  the  assurance  that  these 
claims  would  be  transferred  to  the  proposed  central  govern 
ment  as  soon  as  possible,  Maryland  fell  into  line  and  on  the 
next  day  congress  met  for  the  first  time  under  a  written 
constitution. 

The  instrument  had  many  weaknesses.  The  rights  and 
powers  of  the  13  states  were  clearly  defined  but  the  central 
government  had  little  power.  "  The  congress  was  but  a 
board  of  advice,  and  its  advice  could  be  ignored  with  im 
punity."  Fortunately  the  states  had  been  so  slow  in  ratify 
ing  the  articles  that  they  were  to  be  in  force  only  eight 
years.  They  were  superseded  in  1789  by  the  Constitution. 

62  Letters  of  marque  and  reprisal.  "A  license  or  extraor- 
427 


NOTES    ON    THE    TEXT 

dinary  commission  granted  by  the  supreme  power  of  one 
state  to  its  subjects,  to  make  reprisals  at  sea  on  the  sub 
jects  of  another,  under  pretense  of  indemnification  for 
injuries  received.'* 

63  Taxes   .    .    .   shall  be  laid.     Congress  had  no  power 
to  levy  taxes;  it  could  only  make  requisitions  on  the  states 
and  depend  upon  their  contributions.     It  took  fifteen  months 
of  struggle  with  the  states  to  collect  one-fifth  of  the  taxes 
assessed  in  1783.     Nor  did  conditions  improve  as  time  went 
on.     Madison  wrote  in  1787:  "  No  money  is  paid  into  the 
treasury   .    .    .   not  a  single  state  complies  with  the  requisi 
tions — some  pass  them  over  in  silence,  some  absolutely  re- 
j  ect  them.    It  is  quite  impossible  that  a  government  so  weak 
ened  can  much  longer  hold  together." 

64  Disputes    .    .    .    concerning  boundary.     Disputes  on 
this  point  were  likely  to  occur.     The  English  sovereigns  in 
granting  charters  had  been  very  vague  in  regard  to  the 
limits  of  territory.      Consequently  the  claims  of  some  of 
the  states  overlapped. 

65  Coin    struck    by    .    .    .    authority.      "Until    1785 
no  national  coinage  was  established  and  none  was  issued  till 
1793,"  says  John  Fiske.     "  English,  French,  Spanish  and 
German  coins,  of  various  and  uncertain  value  passed  from 
hand  to  hand.   .   .   .  During  the  period  of  the  Confederation 
the  chaotic  state  of  the  currency  was  a  serious  obstacle  to 
trade." 

The  decimal  system  of  currency  is  the  work  of  Gouver- 
neur  Morris,  aided  by  Jefferson. 

66  To   borrow   money.      Congress   found  that   foreign 
powers   were   not   anxious  to  loan  money   on  such  credit. 
Franklin,  writing  from  Paris,  put  the  matter  in  a  nutshell: 
"  When  the  States  have  not  faith  in  a  Congress  of  their 
own  choosing  to  trust  it  with  money  for  the  payment  of  their 
common  debt,  how  can  they  expect  Congress  should  meet 

428 


NOTES    ON    THE    TEXT 

with  credit  when  it  wants  to  borrow  money  for  their  use 
from  strangers  ?  " 

67  Raise  the  men  .  .  .  and  equip  them.  Congress  had 
power  to  maintain  an  army  for  national  defence  but  it  could 
not  force  the  states  to  feed  and  pay  the  soldiers.  There 
was  great  dissatisfaction  in  the  army.  Many  deserted  be 
cause  they  were  not  paid  and  at  times  there  was  danger  of 
actual  mutiny.  Had  not  patriotic  citizens  contributed  their 
private  fortunes  to  the  cause  congress  could  not  have  kept 
the  army  together. 

67  Unless  nine  States  assent.     "  The  necessity  of  a  vote 
of  nine  States  for  the  passage  of  any  important  measure 
made  the  absence  of  a  State's  delegation  quite  as  effective 
as  a  negative  vote/'  says  Alexander  Johnston.     "  In  order 
to  save  the  expense  of  a  delegation,  the  States  began  to 
neglect  the  election  of  them,  unless  they  had  some  object 
to  gain  by  their  attendance.     It  was  necessary  for  Congress 
to  make  repeated  and  urgent  appeals  in  order  to  obtain  a 
quorum  for  the  ratification  of  the  treaty  of  peace  with  Great 
Britain." 

68  Canada  .  .   .  shall  be  admitted.    There  was  a  theory 
held  by  the  statesmen  of  the  day  that  Canada  wished  to  be 
annexed  to  the  United  States. 

AUTHORITIES 

History  of  the  Formation  of  the  Constitution  of  the 
United  States  of  America.  Vol.  I.  George  Bancroft. 

The  Making  of  the  Nation.     Francis  A.  Walker. 

The  Constitutional  and  Political  History  of  the  United 
States.  Vol.  I.  Dr.  H.  von  Hoist. 

The  United  States,  its  History  and  Constitution.  Alex 
ander  Johnston. 


429 


NOTES    ON    THE    TEXT 

Treaty  with  France  1778 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

Toward  the  close  of  the  year  1775  the  continental  con 
gress  appointed  a  committee  of  secret  correspondence  with 
instructions  to  correspond  with  friends  of  the  colonies  in 
foreign  countries.  France  was  found  to  be  friendly  and 
a  commissioner  was  sent  in  March  1776  to  ascertain  whether 
she  would  enter  into  an  alliance  with  the  colonies  in  case 
they  should  declare  their  independence.  After  the  Decla 
ration  of  Independence  congress  sent  Benjamin  Franklin  to 
France  to  negotiate  for  a  treaty  of  alliance.  He  reached 
Paris  in  December  1776  and  was  well  received.  Just  then 
came  the  news  of  American  defeats  on  the  Hudson,  and 
France  drew  back  though  she  secretly  furnished  ships  and 
funds.  For  months  nothing  was  done  about  the  alliance, 
but  the  surrender  of  Burgoyne  changed  the  face  of  Ameri 
can  affairs  and  20  December  1777  Franklin  was  informed 
that  France  would  acknowledge  the  independence  of  the 
colonies  and  give  her  support.  On  6  February  1778  two 
treaties  were  concluded,  one  of  alliance  and  one  of  amity 
and  commerce.  On  10  April  France  sent  a  minister  to  the 
United  States  thus  making  the  alliance  complete.  These 
were  the  first  treaties  made  by  the  United  States. 

AUTHORITIES 

Franklin   in   France.     Edward   E.    Hale   and   Edward   E. 

Hale,  Jr. 

Benjamin  Franklin.      John  T.  Morse,  Jr. 
The  American  Revolution.     W.  E.  H.  Lecky. 
The  Story  of  the  Revolution.     Vol.  I.     Henry  Cabot  Lodge. 

430 


NOTES    ON    THE    TEXT 
Treaty  with  Great  Britain  1783 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

Lord  Cornwallis  surrendered  19  October  1781  and  5 
March  1782  parliament  passed  an  act  enabling  the  king  to 
make  peace  until  July  1783.  Congress  put  the  negotiations 
for  peace  into  the  hands  of  Benjamin  Franklin,  John 
Adams  and  John  Jay,  and  Henry  Laurens  was  sent  as  an 
"  adjoint."  In  accordance  with  the  treaty  of  1778  the 
American  commissioners  were  instructed  to  act  on  the  ad 
vice  of  France.  Congress  was  influenced  both  by  gratitude 
for  the  aid  given  by  France  and  by  motives  of  policy.  But 
the  commissioners,  when  they  reached  Paris,  understood 
foreign  affairs  better  than  congress  did  and  they  saw  that 
France  was  playing  a  double  game.  To  "  confide "  in 
France  meant  to  confide  in  Spain,  and  the  Spanish  interests 
in  the  Mississippi  river  and  those  of  the  United  States  con 
flicted.  So  the  commissioners  used  their  own  judgment 
instead  of  that  of  Vergennes,  the  French  minister.  After 
they  had  cut  loose  from  France  the  negotiations  with  Great 
Britain  went  on  fairly  well.  The  American  conditions 
of  peace  were  full  and  complete  independence,  the  with 
drawal  of  all  British  troops,  the  freedom  of  fishing  off  the 
banks  of  Newfoundland,  and  the  establishment  of  the  Mis 
sissippi  river  as  the  western  boundary,  the  northern  boun 
dary  to  be  the  same  as  before  the  Quebec  act  of  1774.  The 
negotiations  went  on  from  15  April  to  30  November  1782 
when  a  provisional  treaty  was  signed.  A  cessation  of  hos 
tilities  was  declared  20  January  1783.  The  definitive 
treaty,  in  practically  the  same  terms  as  the  provisional  one, 
was  signed  3  September  1783. 

78  Free  .  .  .  independent  States.  The  commissioners 
431 


NOTES    ON    THE    TEXT 

from  the  United  States  refused  to  treat  with  Great  Britain 
"  under  the  description  of  colonies."  Before  entering  into 
negotiations  they  demanded  to  be  considered  as  representa 
tives  of  an  independent  people. 

80  Article  III.    Adams  was  better  posted  on  the  fishery 
claims  than  the  other  commissioners  and  he  made  a  stand 
for  the  American  rights.     The  restoration  of  the  New  Eng 
land  boundary  is  also  largely  due  to  Adams. 

81  Article  V.     The  Articles  of  Confederation  did  not 
give  congress  power  to  force  the  states  to  make  restitution 
of  property  to  British  subjects  and  Franklin  plainly  told 
the  British  commissioner  so. 

83  Without  .  .  .  carrying  away  any  negroes.  This 
clause,  which  was  the  work  of  Laurens,  caused  a  great  deal 
of  trouble.  The  British  troops  did  carry  away  about  3,000 
negroes  and  because  compensation  was  not  made  some  of 
the  states  refused  to  pay  British  debts.  The  British  retali 
ated  by  refusing  to  vacate  the  western  military  posts. 

83  Article  VIII.  It  was  Jay  who  insisted  upon  this 
article.  He  had  just  come  from  Spain  and  he  knew  that 
through  France  she  was  working  against  the  demand  of 
the  Americans  for  the  Mississippi. 

AUTHORITIES 

The  Life  and  Works  of  John  Adams.    Vol.  III.    Edited  by 

Charles  Francis  Adams. 
The  Complete  Works  of  Benjamin  Franklin.     Vol.   VIII. 

Compiled  and  edited  by  John  Bigelow. 
Correspondence   and    Public   Papers   of   John    Jay.    Vols. 

I.  and  II. 

John  Jay.     George  Pellew. 

The  Critical  Period  of  American  History.     John  Fiske. 
The    Story   of    the    Revolution.     Vol.    II.     Henry    Cabot 

Lodge. 

482 


NOTES    ON    THE    TEXT 


The  Northwest  Territorial  Government  1787 

[Text  derived  from  Revised  Statutes  of  the  United 
States,  edition  of  1878.] 

By  the  treaty  of  1783  Great  Britain  relinquished  her 
claim  to  the  great  territory  east  of  the  Mississippi.  Por 
tions  of  this  country  were  claimed  by  Massachusetts,  New 
York  and  other  states  by  virtue  of  their  charters  which 
granted  them  land  from  sea  to  sea.  Some  of  these  claims 
overlapped  and  were  the  cause  of  much  discussion.  The 
difficulties  were  finally  settled  by  a  cession  of  most  of  the 
state  claims  to  congress  as  a  national  domain  known  as  the 
Northwest  territory.  In  1784  Thomas  Jefferson  submitted 
a  plan  for  a  temporary  government  which  after  a  few 
changes  was  accepted  by  congress. 

In  1786  there  was  formed  in  Boston  an  association  called 
the  Ohio  company  whose  obj  ect  was  the  settlement  of  a  por 
tion  of  the  Northwest  territory  by  old  soldiers.  The  com 
pany  offered  to  purchase  from  congress  a  large  tract  of  land 
provided  that  congress  would  guarantee  that  the  settlers 
should  be  "  under  the  immediate  government  of  Congress 
in  such  mode  and  for  such  time  as  Congress  shall  judge 
proper."  Congress  needed  funds  and  it  wished  to  aid  its 
old  soldiers,  so  measures  were  at  once  taken  to  provide  a 
suitable  government  for  the  territory.  The  result  was  the 
act  known  as  the  Ordinance  of  1787  which  was  passed  13 
July.  A  few  days  after  the  Ohio  company  purchased 
5,000,000  acres  of  land  in  the  new  territory. 

The  ordinance  was  of  great  importance  because  it  pre 
pared  the  way  for  national  sovereignty.  Under  the  Articles 
of  Confederation  congress  had  no  right  to  pass  the  act.  It 
was  never  ratified  by  the  states  yet  even  the  states  the  most 

433 


NOTES    ON    THE    TEXT 

jealous  for  state  rights  did  not  protest.  When  the  adoption 
of  the  Constitution  was  hanging  in  the  balance  this  inde 
pendent  action  of  congress  in  an  emergency  was  used  as  an 
argument  to  prove  the  necessity  of  framing  a  government 
with  clearly  defined  powers.  The  ordinance  was  re-enacted 
by  the  constitutional  congress  7  August  1789- 

85  In  equal  parts.  This  provision  was  intended  to  pre 
vent  the  entailing  of  estates  and  a  consequent  landed  aris 
tocracy. 

88  Legislative  council.  The  appointment  by  congress 
of  the  members  of  the  upper  house  met  with  much  opposi 
tion  and  congress  found  it  expedient  to  change  the  law. 

90  Habeas  corpus.  "A  writ  having  for  its  object  to 
bring  a  party  before  a  court  or  judge;  especially  one  to 
inquire  into  the  cause  of  a  person's  imprisonment  or  deten 
tion  by  another,  with  a  view  to  protect  the  right  to  personal 
liberty." 

92  Five    states.      Ohio,    Illinois,    Indiana,    Wisconsin, 
Michigan  and  a  part  of  Minnesota  were  formed  from  this 
territory.     The  Ordinance  of  1784  provided  for  the  erec 
tion  of  ten  states. 

93  Such  state  shall  be  admitted.     So  fast  did  the  tide 
of  emigration  set  westward  that  Ohio  was  admitted  to  the 
Union  only  16  years  after  the  passage  of  this  ordinance. 

94  Slavery  nor  .  .  .  servitude.     The  Ordinance  of  1784 
as  presented  to  congress  by  Jefferson  provided  for  the  pro 
hibition  of  negro  slavery  within  the  limits  of  the  national 
territory  after  the  year  1800.     Only  seven  states  voted  for 
the  measure  and  a  two-thirds  vote  was  necessary.     Jeffer 
son's  plan,  however,  "  covered  the  whole  western  territory, 
ceded  or  to  be  ceded,  south  as  well  as  north  of  the  Ohio." 
As  the  Ordinance  of  1787  was  "  for  the  government  only 
of  the  territory  northwest  of  the  Ohio,  its  prohibition  of 
slavery  was  territorially  only  about  half  as  large  as  Jeffer- 

434 


NOTES    ON    THE    TEXT 

son's ;  and  this  may  help  to  explain  the  different  fates  of  the 
two." 

AUTHORITIES 

The  Old  Northwest.     Burke  A.  Hinsdale. 

The  Critical  Period  of  American  History.     John  Fiske. 

The  Westward  Movement.     Justin  Winsor. 

The  Winning  of  the  West.    Vol.  III.     Theodore  Roosevelt. 

The  Public  Domain.     T.  Donaldson. 


The  Constitution  of  the  United  States  1787 

[Text  derived  from  Revised  Statutes  of  the  United 
States,  edition  of  1878.] 

The  Articles  of  Confederation  had  scarcely  been  rati 
fied  before  statesmen  realized  their  weakness  and  began  to 
discuss  a  new  plan  of  government.  Washington  summed 
up  the  matter  when  he  said,  "  We  either  are  a  united  people 
or  we  are  not.  If  the  former,  let  us  in  all  matters  of  gen 
eral  concern  act  as  a  nation  which  has  a  national  authority 
to  support ;  if  we  are  not,  let  us  no  longer  act  a  farce  by  pre 
tending  to  it." 

In  January  1786  through  the  influence  of  James  Madi 
son  Virginia  issued  an  invitation  to  all  the  states  to  send 
delegates  to  a  conference  to  be  held  at  Annapolis  in  Sep 
tember  1786  to  discuss  a  plan  for  the  control  of  commerce 
by  the  general  government.  Only  Virginia,  Delaware,  New 
Jersey  and  New  York  were  represented  and  their  delegates 
could  do  no  more  than  issue  a  call  for  a  fuller  conference 
to  be  held  at  Philadelphia  in  the  following  May,  "  to  take 
into  consideration  the  situation  of  the  United  States,  and  to 
devise  such  further  provision  as  shall  appear  to  them  nec- 

435 


NOTES    ON    THE    TEXT 

essary  to  render  the  constitution  of  the  federal  government 
adequate  to  the  exigencies  of  the  Union."  The  delegates, 
numbering  55,  met  25  May  1787.  Washington  was  chair 
man  and  Edward  Randolph  of  Virginia  presented  a  plan 
of  government  which  had  been  drawn  up  by  Madison.  The 
discussion  went  on  behind  bolted  doors  till  the  middle  of 
September.  It  was  a  hotly  contested  battle;  the  old  ques 
tion  of  state  or  national  sovereignty  had  to  be  met  and 
states  with  radically  different  interests  had  to  be  brought 
into  union.  The  end  was  effected  only  after  much  com 
promise  and  concession  and  the  result  was  not  a  revision 
of  the  articles  but  an  entirely  new  constitution. 

It  was  necessary  that  nine  states  out  of  the  thirteen  should 
ratify  the  Constitution,  and  congress  referred  the  matter  to 
the  several  states  28  September  1787.  The  states  ratified 
in  the  following  order :  Delaware  7  December,  Pennsylvania 
12  December,  New  Jersey  18  December  1787;  Georgia  2 
January,  Connecticut  9  January,  Massachusetts  6  Febru 
ary,  Maryland  28  April,  South  Carolina  23  May,  New 
Hampshire  21  June,  Virginia  25  June,  New  York  26  July 
1788;  North  Carolina  21  November  1789;  Rhode  Island  29 
May  1 790.  The  seat  of  government  had  been  changed  from 
Philadelphia  to  New  York  and  on  30  April  1789  the  new 
government  was  set  up  at  Federal  hall. 

The  first  ten  amendments  to  the  constitution  were  pro 
posed  by  the  first  congress  to  the  legislatures  of  the  several 
states  25  September  1789-  They  went  into  effect  3  No 
vember  1791.  The  eleventh  amendment  was  proposed  by 
the  third  congress  5  September  1794  and  went  into  effect 
8  January  1798.  The  eighth  congress  on  12  December 
1803  proposed  the  twelfth  amendment  in  lieu  of  the  origi 
nal  third  paragraph  of  the  first  section  of  the  second  article. 
This  amendment  went  into  effect  25  September  1804.  The 
thirteenth  was  proposed  by  the  thirty-eighth  congress  1 

436 


NOTES    ON    THE    TEXT 

February  1865  and  went  into  effect  18  December  1865. 
The  thirty-ninth  congress  on  16  June  1866  proposed  the 
fourteenth  amendment  which  went  into  effect  28  July  1868. 
The  fifteenth  amendment  was  proposed  27  February  1869 
by  the  fortieth  congress  and  went  into  effect  30  March 
1870. 

95  Senate  and  House  of  Representatives.  The  method 
of  representing  the  states  caused  great  discussion  in  the 
constitutional  convention.  It  seemed  fitting  to  many  that 
the  members  of  the  lower  house  which  was  to  correspond  to 
the  British  house  of  commons  should  be  elected  by  the  peo 
ple.  "  It  is  essential  to  the  democratic  rights  of  the  com 
munity  that  the  first  branch  be  elected  by  the  people," 
argued  Hamilton,  and  Madison  and  others  brought  forth 
convincing  arguments  for  a  popular  election.  Several  plans 
were  proposed  for  choosing  the  members  of  the  senate. 
The  Virginia  plan,  which  had  a  strong  following,  would 
have  based  the  members  of  both  houses  upon  the  popula 
tion  of  the  states.  The  smaller  states  insisted  upon  an 
equal  vote  in  at  least  one  branch  of  congress.  Feeling  ran 
so  high  that  there  was  danger  that  the  convention  would 
come  to  nothing.  At  last  by  considerable  compromise  it 
was  arranged  that  representation  in  the  lower  house  should 
be  based  upon  population  and  that  each  state  without  regard 
to  size  should  have  two  senators. 

95  Representatives  .  .  .  shall  be  apportioned,  etc.  This 
basis  of  representation  was  changed  by  the  fourteenth 
amendmment. 

95  Those  bound  to  service.  The  manner  of  counting 
slaves  caused  a  lengthy  debate.  At  last  it  was  decided  to 
count  every  five  slaves  as  three  persons.  "  The  Articles  of 
Confederation,"  says  Bancroft,  "  took  no  notice  of  slavery 
except  by  withholding  the  privileges  of  intercitizenship 
from  the  slave.  The  enumeration  of  slaves  was  in  the  dis- 

437 


NOTES    ON    THE    TEXT 

tribution  of  political  power  a  matter  of  indifference  as  long 
as  congress  voted  by  states.  ...  In  framing  a  constitu 
tion  in  which  representation  in  one  branch  of  the  legislature 
was  made  to  depend  on  population,  it  became  the  political 
interest  of  the  states  in  which  the  slaves  abounded  to  have 
them  included  in  the  enumeration  of  the  population  equally 
with  the  free  negroes  and  whites." 

95  The  actual  enumeration.     The  first  census  was  taken 
in  1790  and  gave  to  congress  105  representatives. 

96  One  for  every  thirty  thousand.     At  first  it  was  pro 
posed  that  each  40,000  inhabitants  should  entitle  a  state  to 
send  a  representative  to  congress  but  on  that  basis  the  house 
was  likely  to  be  too  small  and  at  Washington's  suggestion 
the  number  was  changed  to  30,000.     The  basis  of  represen 
tation  has  been  changed  from  time  to  time  as  the  population 
of  the  states  increased. 

101  The  Migration  .  .  .  of  such  persons,  etc.  This 
was  a  compromise  effected  after  a  hot  discussion.  Some  of 
the  congress  were  for  an  immediate  prohibition  of  the  slave- 
trade,  but  South  Carolina,  Georgia  and  probably  North 
Carolina  and  Virginia  would  have  refused  to  accept  the 
Constitution,  and  consequently  there  would  have  been  from 
the  beginning  a  federation  of  slave-holding  states.  The 
Articles  of  Confederation  had  no  power  to  interfere  with 
the  slave-trade. 

101  Bill  of  Attainder.  "  An  act  of  Parliament  pro 
nouncing  sentence  of  death  against  an  accused  person,  espe 
cially  against  political  offenders  of  high  degree,  which 
enactment  is  followed  by  forfeiture  of  estate  and  corrup 
tion  of  blood  as  in  attainder  under  judicial  sentence." 

101  Ex  post  facto  Law.  Any  law  which  makes  an  inno 
cent  act,  done  before  its  passage,  criminal;  or  aggravates 
the  crime,  making  it  legally  greater  than  when  committed; 
or  changes  the  punishment,  inflicting  a  greater  one  or  one 

438 


NOTES    ON    THE    TEXT 

different  in  kind  than  the  law  affixed  to  the  crime  when  it 
was  committed. 

102  No  capitation  .  .  .  shall  be  laid,  etc.  "  This  was 
intended  to  prevent  congress  from  enforcing  a  general 
emancipation  by  the  special  taxation  of  slaves/'  comments 
Bancroft. 

102  Vessels    u    .    .    pay  Duties.     Some  of  the  states, 
notably  New  York,  had  collected  for  themselves  at  their 
own  ports  duties  on  foreign  goods  and  had  taxed  articles 
brought  in  from  other  states. 

103  No  State  shall  .  .  .  enter  into  any  Compact.   "  The 
country  had  been  filled  with  schemes  for  a  division  of  the 
13  states  into  two  or  more  separate  groups." 

103  The  executive  Power,  etc.  There  was  much  dis 
cussion  concerning  the  chief  executive — whether  the  power 
should  be  vested  in  one  or  in  several  persons,  whether  he  or 
they  should  be  re-eligible  to  office,  whether  the  election 
should  be  by  congress  or  by  electors  chosen  by  the  state 
legislatures.  The  matter  was  not  decided  till  near  the  close 
of  the  convention. 

103  The  electors  shall  meet,  etc.     This  method  of  elect 
ing  the  president  and  the  vice  president  was  abrogated  by 
the  twelfth  amendment.     But  even  the  amendment  failed 
to  specify  by  whom  the  votes  should  be  counted  and  this 
omission  resulted  in  the  Tilden-Hayes  contest  of  1877.     A 
bill  to  regulate  the  electoral  count  was  passed  by  congress 
3  February  1887.     This  provides  for  the  states'  certifica 
tion  of  their  votes.     The  certificate  presented  by  a  state 
cannot  be  rejected  unless  both  houses  vote  against  it. 

104  Removal  of  the  President  from  office.     An  act  of 
congress  passed  in  1886  provides  for  the  succession  in  case 
of  the  death  or  disability  of  both  president  and  vice  presi 
dent.     The  office  falls  to  the  members  of  the  cabinet  in  the 
order  of  the  creation  of  their  departments. 

439 


NOTES    ON    THE    TEXT 

106  He  shall  .  .  .  recommend  .  .  .  such  measures. 
Washington  and  Adams  read  their  messages  to  congress 
and  congress  replied  with  an  address,  but  beginning  with 
Jefferson's  first  term  the  presidents  have  since  sent  to  con 
gress  messages  which  require  no  answer. 

106  The  judicial  Power  of  the  United  States,  etc. 
"  The  Constitution's  leading  difference  from  the  Confeder 
ation  is  that  it  gives  the  national  government  power  over 
individuals.  The  Federal  courts  are  the  principal  agent  in 
securing  this  essential  power;  without  them,,  the  Constitu 
tion  might  easily  have  been  as  dismal  a  failure  as  the  Con 
federation,"  says  Johnston. 

108  No  person  held  to  Service,  etc.     The  fugitive  slave 
law  of  1850  was  based  upon  this  clause.     It  was  abrogated 
by  the  thirteenth  amendment. 

109  Shall  propose  amendments.     Several  of  the  states 
voted  for  the  adoption  of  the  Constitution  on  the  virtual 
condition  that  amendments  should  be  made  as  soon  as  prac 
ticable.    Nearly  1 700  amendments  have  been  proposed  since 
the  adoption  of  the  Constitution. 

AUTHORITIES 

The  Federalist. 

The  Critical  Period  of  American  History.     John  Fiske. 

History  of  the  Formation  of  the  Constitution  of  the 
United  States  of  America.  George  Bancroft. 

The  Making  of  the  Nation.     Francis  A.  Walker. 

The  United  States,  its  History  and  Constitution.  Alexan 
der  Johnston. 

James  Madison.     Sidney  Howard  Gay. 

History  of  the  Life  and  Times  of  James  Madison.  Vol.  I. 
William  C.  Rives. 


440 


NOTES    ON    THE    TEXT 


Washington's  First  Inaugural  Address  1789 

[Text  derived  from  "  The  Writings  of  George  Washing 
ton/'  Vol.  XII,  edited  by  Jared  Sparks.] 

One  of  the  provisions  of  the  Constitution  was  for  the  elec 
tion  of  a  chief  executive  officer  to  be  called  the  president. 
The  question  of  the  adoption  of  the  Constitution  had  been  the 
cause  of  the  first  political  agitation  in  the  country.  Those 
who  favored  its  adoption  were  called  Federalists,  those  who 
opposed  it  Anti-Federalists.  There  was  however  no  divi 
sion  of  opinion  as  to  the  man  to  be  nominated  for  president. 
Washington  loomed  up  the  largest  figure  in  the  country,  not 
only  on  account  of  his  military  service  but  for  his  work  as 
a  statesman  as  well.  His  cool  judgment,  his  firmness  and 
his  foresight  had  stood  his  country  in  good  stead  in  more 
than  one  emergency.  He  had  urged  the  Declaration  of 
Independence,  had  been  chairman  of  the  constitutional  con 
vention  and  now  all  eyes  were  turned  toward  him  as  the 
fitting  chief  executive.  He  was  unanimously  elected  and 
John  Adams  was  chosen  vice  president.  On  30  April  1789 
Washington  was  inaugurated  at  Federal  hall  at  Wall  and 
Nassau  streets,  New  York.  His  private  secretary  thus  de 
scribed  the  scene: 

"  The  oath  was  administered  in  public  by  Chancellor  Liv 
ingston  and  at  the  moment  the  chancellor  proclaimed  him 
president  of  the  United  States  the  air  was  rent  by  repeated 
shouts  and  huzzas — '  God  bless  our  Washington.  Long  live 
Washington.'  We  then  returned  to  the  hall,  where,  being 
seated  as  before,  the  president  arose  and  addressed  the  two 
branches  of  Congress  in  a  speech  which  was  heard  with 
eager  and  marked  attention." 

441 


NOTES    ON    THE    TEXT 


AUTHORITIES 

George  Washington.    Vol.  II.     Henry  Cabot  Lodge. 

The  Life  of  George  Washington.    Vol.   IV.     Washington 

Irving. 

George  Washington.     Woodrow  Wilson. 
Life  and  Times  of  George  Washington.    Vol.  II.     J.  F. 

Schroeder. 


Washington's  Second  Inaugural  Address  1793 

[Text  derived  from  "  A  Compilation  of  the  Messages 
and  Papers  of  the  Presidents."  By  James  D.  Richardson. 
Vol.  I.] 

At  the  second  election  for  president  Washington  was  again 
unanimously  chosen  by  the  electors.  That  the  strength  of 
the  Federalists  was  waning  was  shown  in  the  congressional 
elections  but  to  both  parties  Washington  still  seemed  the 
safest  guide  and  leader.  His  own  party  naturally  wished 
to  see  his  policy  continued  and  the  leaders  of  the  Anti- 
Federalists  felt  that  his  re-election  stood  for  the  general 
welfare  of  the  country.  So  far  as  their  own  party  was  con 
cerned  it  was  still  in  an  unformed  condition  and  they  pre 
ferred  to  continue  under  Washington's  administration  to 
risking  that  of  a  more  avowed  Federalist.  It  was  with  much 
hesitation  that  Washington  accepted  the  office.  He  had 
served  his  country  for  many  years  and  he  longed  for  the 
retirement  of  Mount  Vernon.  But  he  felt  that  he  was  still 
needed  at  the  head  of  national  affairs  and  he  set  aside  his 
own  inclinations. 

The  second  inauguration  took  place  in  the  senate  cham 
ber.  "  On  either  side  of  the  broad  aisle  that  was  left 
vacant  in  the  center,  were  assembled  the  two  houses  of  con- 

442 


NOTES    ON    THE    TEXT 

gress.  As  the  president  entered,  all  arose,  and  remained 
standing  till  he  had  ascended  the  steps  at  the  upper  end 
of  the  chamber,  and  taken  his  seat  in  the  speaker's  chair. 
.  .  .  Having  retained  his  seat  for  a  few  moments,  while 
the  members  resumed  their  seats,  the  president  arose,  and 
taking  from  his  breast  a  roll  of  manuscript,  proceeded  to 
read  his  address.  His  voice  was  full  and  sonorous,  deep 
and  rich  in  its  tones,  free  from  that  trumpet  call  which 
it  could  assume  amid  the  tumult  of  battle  .  .  .  but  suffi 
ciently  loud  and  clear  to  fill  the  chamber." 

The  oath  of  office  was  administered  by  Judge  Gushing. 

AUTHORITIES 

The  Life  and  Times  of  George  Washington.     Vol.  II.     J. 

F.  Schroeder. 
Washington     after    the    Revolution.       Vol.     II.     William 

Spohn  Baker. 


Proclamation  of  Neutrality  1793 

[Text  derived  from  American  State  Papers,  Foreign 
Relations,  I.] 

In  1793,  the  year  when  Washington  was  a  second  time 
made  president,  France  reached  the  height  of  her  revolu 
tion  and  in  addition  to  her  civil  troubles  found  that  she  had 
almost  the  whole  of  Europe  to  fight.  American  sympa 
thizers  who  did  not  foresee  the  consequences  of  such  an 
alliance  were  anxious  to  join  France  and  thus  repay  her 
services  during  the  American  Revolution.  By  the  treaty 
of  alliance  made  in  1778  the  United  States  had  promised 
to  aid  France  against  her  enemies.  Hamilton  and  others 
insisted  that  the  change  of  government  in  France  from 
kingdom  to  republic  abrogated  the  treaty.  Washington 

443 


NOTES    ON    THE    TEXT 

and  his  cabinet  saw  that  aid  to  France  would  mean  war  with 
Great  Britain  and  Spain,  for  both  countries  had  a  foot 
hold  in  the  United  States.  Great  Britain  still  held  the 
military  posts  on  the  northern  frontier  and  Spain  controlled 
the  lower  Mississippi.  Washington  decided  and  his  cabinet 
agreed  with  him  that  the  United  States  must  take  no  sides 
in  European  wars  and  on  22  April  he  issued  a  definitive 
proclamation  of  neutrality. 

AUTHORITIES 

History  of  the  People  of  the  United  States.    Vol.  II.     John 

Bach  McMaster. 

George  Washington.     Vol.   II.     Henry  Cabot  Lodge. 
The  Life  of  George  Washington.     Vol.   V.     Washington 

Irving. 

Treaty  with  the  Sice  Nations  1794 

[Text  derived  from  Indian  Affairs,  Laws  and  Treaties, 
Vol.  II,  1903.] 

The  Six  Nations  or  Iroquois  was  a  confederation  of  In 
dians  who  lived  in  central  New  York  and  controlled  the 
surrounding  tribes.  The  federation  comprised  the  Mo 
hawks,  the  Oneidas,  the  Onondagas,  the  Cayugas,  the 
Senecas  and  the  Tuscaroras.  During  the  American  Revo 
lution  the  Iroquois  fought  with  the  British  under  Brant  and 
committed  the  massacres  of  Wyoming  and  Cherry  Valley. 
When  the  war  closed  the  Indians  were  at  the  mercy  of  the 
Americans  and  most  of  them  except  the  Oneidas  and  the 
Tuscaroras  migrated  to  Canada.  By  the  treaty  of  Fort 
Stanwix  concluded  22  October  1784  the  United  States  con 
firmed  the  Oneidas  and  the  Tuscaroras  in  the  possession  of 
their  lands  and  guaranteed  to  the  remnants  of  the  other 

444 


NOTES    ON    THE    TEXT 

tribes  the  territory  then  in  actual  possession.  In  return  the 
Indians  ceded  to  the  United  States  all  the  land  west  "  of 
a  line  beginning  on  Lake  Ontario  at  the  mouth  of  Oyon- 
wayea  creek,  running  south  to  the  mouth  of  Buffalo  creek, 
and  thence  to  the  north  line  of  Pennsylvania,  which  it 
followed  west  and  south  to  the  Ohio."  The  Indians  were 
to  be  secure  in  the  possession  of  all  the  territory  east  and 
north  of  this  boundary,  excepting  a  reservation  six  miles 
square  around  Oswego.  This  transfer  of  territory  was 
confirmed  by  the  treaties  of  1789,  1790  and  1794.  The 
date  of  the  treaty  of  1794  is  11  November.  The  treaty  is 
typical  of  many  made  between  the  United  States  and  the 
Indian  tribes. 

126  Treaties    .    .    .    with    .    .    .    New  York.     The  state 
of  New  York  in  1785  and  1788  purchased  the  lands  of  the 
Oneidas,   Tuscaroras,   Onondagas,  and  Cayugas,  except  a 
reservation  for  each. 

127  Sir   William  Johnson.     He   was   a   famous   agent 
among  the  Indians.     The  treaty  referred  to  was  made  at 
Fort  Stanwix  in  1768. 

AUTHORITIES 

New  American  Encyclopedia.     Vol.  IX. 

Treaty  with  Great  Britain  1794 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

Although  the  Proclamation  of  Neutrality  was  not  issued 
to  favor  England  it  did  favor  her;  but  she  responded  by 
many  offensive  acts,  as  if  trying  to  force  the  United  States 
to  declare  war  against  her.  She  still  held  the  military  posts 
on  the  western  frontier  because  the  debts  due  to  British 
subjects  were  not  paid  as  agreed  in  the  treaty  of  1783, 

445 


NOTES    ON    THE    TEXT 

American  seamen  were  impressed,  American  ships  carrying 
corn  to  France  were  seized  as  "  contraband  of  war  "  and 
duties  were  raised  on  goods  imported  from  America.  She 
refused  to  maintain  a  minister  in  the  United  States  and  the 
American  minister  to  England,  John  Adams,  was  treated 
with  scant  courtesy.  An  embargo  proclaimed  against  Brit 
ish  ships  helped  to  bring  matters  to  a  crisis  and  war  seemed 
inevitable.  At  this  juncture  Washington  despatched  Chief 
Justice  John  Jay  to  London  as  envoy  extraordinary  to 
arrange  for  a  settlement  of  the  difficulties.  He  returned  28 
May  1795  with  a  treaty  which  has  since  been  called  by  his 
name.  It  was  confirmed  by  the  senate  in  special  session 
after  the  clause  referring  to  the  trade  with  the  West  Indies 
was  stricken  out.  When  the  treaty  became  public  it  met  a 
storm  of  indignation,  not  only  from  the  people  but  from 
the  house  of  representatives  as  well  who  claimed  the  right 
to  be  consulted.  This  was  the  first  treaty  made  under  the 
Constitution  and  at  this  time  it  was  decided  that  power  to 
make  treaties  lies  with  the  president  and  the  senate.  Despite 
its  shortcomings  the  Jay  treaty  has  since  been  considered 
a  wise  measure.  It  held  back  the  war  with  England  for  18 
years  till  the  United  States  could  gather  strength  and 
resources. 

132  All  posts  and  places.  These  were  Oswego,  Niagara, 
Detroit,  Mackinaw,  etc.  The  British  refused  to  compen 
sate  the  United  States  for  the  detention  of  these  posts  on 
the  ground  that  the  United  States  had  permitted  the  states 
to  prevent  the  recovery  of  British  debts. 

136  What  river   .   .   .   the  St.  Croix.     This  was  decided 
to  be  the  Schoodic  river. 

137  Article  VI.     By  a  convention  concluded  at  London 
8  January  1802  Great  Britain  made  a  concession  in  regard 
to  this  claim  and  it  was  settled  by  the  payment  of  $2,- 
664,000  by  the  United  States. 

446 


NOTES    ON    THE    TEXT 

140  Article  VII.     The  commissioners  appointed  to  set 
tle    the    question    of    illegal    captures    or    condemnations 
decided  in  favor  of  the  United  States  and  her  merchants 
received  an  award  of  $10,345,000. 

141  Letter  from  Mr.  Jefferson.     This  letter  promised 
restitution  of  or  compensation  for  vessels  captured  between 
5   June  and  7  August   1793.     After  August  7  restitution 
would  be  made  if  possible. 

143  Article  X.  The  provision  in  this  article  is  called 
by  Pellew  in  his  "  John  Jay  "  "  a  novelty  in  international 
diplomacy,  and  a  distinct  advance  in  civilization.  ...  In 
the  War  of  1812  the  United  States  happened  for  the 
moment  to  be  the  creditor  nation,  and  the  millions  which 
this  provision  saved  to  her  citizens  it  would  be  difficult  to 
estimate." 

143  Article  XII.  This  article,  rejected  by  the  senate, 
dealt  with  the  trade  between  the  United  States  and  the  West 
Indies. 

AUTHORITIES 

History  of  the  People  of  the  United  States.    Vol.  II.     John 

Bach  McMaster. 
John  Jay.     George  Pellew. 

Correspondence  and  Public  Papers  of  John  Jay.     Vol.  IV. 
The  Westward  Movement.     Justin  Winsor. 


Washington's  Farewell  Address  1796 

[Text  derived  from  "  The  Writings  of  George  Washing 
ton,"  Vol.  XIII.  Edited  by  W.  C.  Ford.  Mr.  Ford's  text 
follows  exactly  the  original  manuscript.] 

Although  the  Anti-Federalists  had  steadily  been  gaining 
strength  during  Washington's  second  administration  he 
would  again  have  been  the  choice  of  the  people  had  he  al- 

447 


NOTES    ON    THE    TEXT 

lowed  himself  to  be  a  candidate  for  a  third  term.  Toward 
the  close  of  his  first  term  he  wished  to  retire  from  office 
and  return  to  Mount  Vernon  and  at  that  time  he  decided  to 
issue  a  farewell  address  which  should  embody  his  views  on 
governmental  affairs  and  at  the  same  time  warn  the  country 
of  dangers  which  he  foresaw.  During  his  second  adminis 
tration  his  mind  often  dwelt  on  the  projected  farewell  and 
in  May  1796  he  sent  to  Hamilton  a  rough  draft  of  an 
address  with  the  request  that  he  make  any  revision  which 
seemed  necessary  or  rewrite  it  entirely  if  he  thought  advis 
able.  There  were  several  revisions  before  the  document 
met  the  views  of  both  Washington  and  Hamilton  and  it 
was  not  till  19  September  1796  that  the  address  was  given 
out  for  publication.  The  style  may  be  Hamilton's  but  the 
ideas  are  Washington's  and  together  they  drew  up  what 
Henry  Cabot  Lodge  has  called  "  the  most  famous  and  most 
influential  piece  of  advice  in  the  history  of  our  country." 
The  address  was  read  in  the  chamber  of  the  house  of  repre 
sentatives.  Adams  reported  that  there  was  hardly  a  dry 
eye  but  Washington's. 

157  Sacrifice  of  inclination.     On  16  April  1789  Wash 
ington  wrote  in  his  diary :  "  About  ten  o'clock,  I  bade  adieu 
to  Mount  Vernon,  to  private  life,  and  to  domestic  felicity; 
and  with  a  mind  oppressed  with  more  anxious  and  painful 
sensations  than  I  have  words  to  express,  set  out  for  New 
York    .    .    .    with  the  best  disposition  to  render  service  to 
my  country  in  obedience  to  its  call,  but  with  less  hope  of 
answering  its  expectations."     And  Jefferson  reported  that 
soon  after  his   second  inauguration  Washington   said  that 
he    would    rather    be    in    his    grave   than    in    his    present 
situation. 

158  Perplexed    .    .    .    affairs  with  foreign  Nations.     At 
that  time  our  relations  with  both  France  and  England  were 
very  much  strained. 

448 


NOTES    ON    THE    TEXT 

161  Interior  communications.  As  early  as  1770  Wash 
ington  had  agitated  the  question  of  an  easy  means  of  com 
munication  between  the  Atlantic  states  and  the  western 
territory.  In  1785  he  accepted  the  presidency  of  a  com 
pany  whose  object  was  the  extension  of  the  navigation  of 
the  James  and  Potomac  rivers. 

163  Two  Treaties.     These  were  the  treaty  with  Spain 
of  1795  and  the  Jay  treaty  with  Great  Britain.     The  Span 
ish  treaty  secured  to  the  United  States  the  free  navigation 
of  the  Mississippi.     The  Jay  treaty  was  especially  gratify 
ing  to  the  West  because  by  it  the  western  posts  which  had 
been  held  by  the  British  in  violation  of  the  treaty  of  1783 
were  at  last  opened.     So  long  as  these  posts  were  in  the 
hands  of  the  British  the  West  was  deprived  of  a  lucrative 
trade  in  furs.    Then  too  the  Indians  were  incited  to  keep  up 
a  warfare  on  the  settlers  along  the  frontier. 

164  Sever  them  from  their  Brethren.     There  had  been 
threats  by  some  of  the  people  of  the  western  territory  of 
separation  from  the  Union  in  case  a  treaty  was  not  made 
with  Spain  for  the  opening  of  the  Mississippi. 

164  Improved  upon  your  first  essay.     Washington  had 
been  one  of  the  first  to  see  the  weakness  of  the  Articles  of 
Confederation  and  one  of  the  strongest  advocates  of  a  con 
stitution    which    should    bind    the    several   states    together. 
Throughout  this  address  he  holds  up  the  practical  advan 
tages  to  be  gained  from  the  continuance  of  the  Union. 

165  Combinations   and  association.      Political  clubs    in 
imitation  of  certain  French  organizations  were  the  fashion 
at  that  time.     Washington  in  his  message  to  congress   in 
1794  had  referred  to  these  associations  which  he  thought 
indicated  dangerous  French  influence. 

167  Foreign  influence.  There  was  much  sympathy  for 
France  in  the  United  States  and  on  the  other  hand  Great 
Britain  had  many  partisans. 

449 


NOTES    ON    THE    TEXT 

168  Constitutional  spheres.     Much  was  said  in  the  early 
days  of  the  Constitution  about  the  necessity  of  preserving 
a  balance  between  the  administrative,  executive  and  judicial 
departments. 

169  Discharge  the  debts.     The  national  debt  was  paid 
in  1835. 

170  Taxes   .   .   .   unpleasant.    Probably  this  remark  was 
occasioned  by  the  Whiskey   Insurrection  in  Pennsylvania. 
An  excise  law  passed  in   1791   was   especially  disliked  in 
four  of  the  western  counties  of  Pennsylvania,  where  whis 
key  was  used  as  currency.     Attempts  to  enforce  the  law  in 
July  1794  led  to  an  insurrection  of  such  proportions  that 
Washington   ordered  out    15,000   militia.      When   congress 
assembled  Washington  addressed  to  them  a  message  dealing 
with  the  insurrection. 

170  Passionate  attachments.  This  is  another  allusion  to 
the  sentimental  sympathy  with  France.  Washington  had 
been  much  censured  for  his  neutrality  during  the  troubles 
between  France  and  Great  Britain. 

173  Our  detached  situation  .  .  .  shall  counsel.  This 
paragraph  contains  the  germ  and  gist  of  our  foreign  policy 
which  has  long  been  known  as  the  Monroe  Doctrine. 

175  Proclamation  of  the  22nd  of  April,  1793.  His 
proclamation  of  neutrality. 

AUTHORITIES 

The  Life  of   George  Washington.     Vol.  V.     Washington 

Irving. 

George  Washington.     Vol.  II.     Henry  Cabot  Lodge. 
Life  and  Times  of  George  Washington.     Vol.   II.     J.  F. 

Schroeder. 
An  Enquiry  into  the  Formation  of  Washington's  Farewell 

Address.     Horace  Binney. 

450 


NOTES    ON    THE    TEXT 

Treaty  with  France  1803 

[Text  derived  from  Revised  Statutes  of  the  United  States 
Relating  to  the  District  of  Columbia,  etc.] 

In  1802  Spain  closed  the  Mississippi  to  the  United  States 
and  forbade  the  use  of  New  Orleans  as  a  deposit  for  mer 
chandise.  This  was  in  violation  of  the  treaty  of  1795  by 
which  Spain  promised  to  continue  the  use  of  New  Orleans 
or  to  assign  to  the  United  States  "  on  another  part  of  the 
banks  of  the  Mississippi  an  equivalent  establishment."  But 
this  was  not  all;  it  transpired  that  Spain  had  by  a  secret 
treaty  ceded  the  territory  of  Louisiana  to  France.  Spain 
was  a  worn-out  power  and  therefore  a  fairly  safe  neighbor, 
but  to  have  the  territory  of  Louisiana  in  the  hands  of  France 
and  Napoleon  was  quite  another  matter.  President  Jeffer 
son  wrote  to  Livingston,  the  American  minister  at  Paris, 
"  The  cession  of  Louisiana  and  the  Floridas  by  Spain  to 
France  completely  reverses  all  the  political  relations  of  the 
United  States  and  will  form  a  new  epoch  in  our  political 
career.  There  is  on  the  globe  one  single  spot  the  possessor 
of  which  is  our  natural  and  habitual  enemy.  It  is  New  Or 
leans,  through  which  the  produce  of  three-eighths  of  our 
territory  must  go  to  market;  and  from  its  fertility  it  will 
yield  more  than  half  of  our  whole  produce  and  contain  more 
than  half  of  our  inhabitants.  France  placing  herself  at 
that  door  assumes  to  us  the  attitude  of  defiance  .  .  .  the 
day  that  France  takes  possession  of  New  Orleans  .  .  . 
seals  the  union  of  two  nations,  who  in  conjunction,  can  main 
tain  exclusive  possession  of  the  ocean.  From  that  moment 
we  must  marry  ourselves  to  the  British  fleet  and  nation." 
It  was  clearly  necessary  that  the  United  States  should  pur 
chase  New  Orleans  and  congress  appropriated  $2,000,000 
for  that  purpose.  James  Monroe  was  sent  to  Paris  to  treat, 

451 


NOTES    ON    THE    TEXT 

together  with  Livingston,  for  the  purchase.  The  commis 
sioners  dealt  directly  with  Napoleon  instead  of  his  prime 
minister.  Napoleon  saw  that  he  could  not  long  hold  the 
Louisiana  territory  against  Great  Britain  and  rather  than 
have  it  fall  into  her  hands  he  would  sell  it  to  the  United 
States.  Accordingly  he  offered  the  Americans  the  whole 
vast  territory  for  $1 5  ,,000,000.  They  exceeded  their  instruc 
tions  and  concluded  the  bargain.  The  treaty  of  cession  and 
two  conventions  were  concluded  30  April  1803.  "  I  have 
just  given  England  a  maritime  rival  that  will  humble  her 
pride,"  said  Napoleon  as  the  French  minister  signed  his 
name.  The  senate  ratified  the  treaty  and  10  November  an 
act  was  passed  to  provide  for  raising  funds  for  the  pur 
chase.  The  Louisiana  territory  passed  into  the  possession 
of  the  United  States  20  December  1805. 

AUTHORITIES 

History  of  the  Louisiana  Purchase.     James  K.  Hosmer. 
A  History  of  the  People  of  the  United  States.     Vol.  III. 

John  Bach  McMaster. 
History  of  the  United  States  of  America.     Vol.  II.     Henry 

Adams. 
The  Winning  of  the  West.     IV.     Theodore  Roosevelt. 

Treaty  with  Great  Britain  1814 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

On  18  June  1812  the  United  States  again  declared  war 
against  Great  Britain.  This  struggle,  sometimes  called  the 
second  war  for  independence,  continued  till  8  January  1815 
when  General  Packenham  surrendered  to  General  Jackson 
at  New  Orleans.  In  the  autumn  of  1812  the  czar  of  Russia 

452 


NOTES    ON    THE    TEXT 

offered  to  mediate  between  Great  Britain  and  the  United 
States.  The  United  States  would  have  accepted  his  offices 
but  Great  Britain  refused  them,  though  she  declared  her 
readiness  to  treat  with  the  United  States  directly.  After 
many  delays  the  commissioners  met  at  Ghent  in  August 
1814.  Great  Britain  took  a  high  hand  and  made  demands, 
many  of  which  had  no  relation  to  the  causes  of  the  war. 
The  Americans  refused  to  consider  them  and  negotiations 
were  broken  off.  Then  came  a  series  of  defeats  to  the  army 
of  Great  Britain  and  her  commissioners  were  instructed  to 
ask  the  Americans  for  the  heads  of  a  treaty.  A  dispute 
between  the  American  commissioners  caused  more  delay  but 
a  compromise  was  finally  effected  and  the  treaty  was  con 
cluded  24  December  1814. 

AUTHORITIES 

A  History  of  the  People  of  the  United  States.     Vol.  IV. 

John  Bach  McMaster. 
History  of  the  United  States  of  America.    Vol.  IX.     Henry 

Adams. 
John  Quincy  Adams.     John  T.  Morse,  Jr. 

Treaty  with  Spain  1819 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

Florida  which  was  the  property  of  Spain  was  the  source 
of  considerable  trouble  to  the  southern  states.  It  was  an 
asylum  for  fugitive  slaves,  and  a  rendezvous  for  pirates 
and  other  desperadoes  who  gradually  gained  control  of  a 
large  part  of  the  territory.  The  Seminole  Indians  fre 
quently  combined  with  these  desperate  characters  in  attacks 
upon  the  Georgia  plantations.  Several  attempts  were  made 

453 


NOTES    ON    THE    TEXT 

to  subdue  the  Indians  and  at  last  General  Jackson  who 
invaded  Florida  in  1818  conquered  them,  though  the  terri 
tory  remained  in  the  hands  of  the  Spanish.  President 
Madison  had  in  1810  taken  possession  of  West  Florida,  as 
the  strip  of  coast  on  the  Gulf  was  called,  and  at  the  same 
time  congress  had  authorized  him  to  take  "  temporary  pos 
session  "  of  East  Florida.  Although  this  was  not  done 
Spain  saw  that  she  could  not  long  hold  East  Florida  and  she 
decided  to  sell  it  to  the  United  States.  A  treaty  for  the 
cession  of  the  territory  was  made  22  February  1819  but  it 
was  not  ratified  by  Spain  till  24  October  1820.  By  an  act 
of  congress  of  3  March  1821  President  Madison  was  author 
ized  to  take  possession  of  the  territory. 

AUTHORITIES 

A  History  of  the  People  of  the  United  States.     Vol.  IV. 

John  Bach  McMaster. 
John  Quincy  Adams.     John  T.  Morse,  Jr. 

Missouri  Compromise  1820-1821 

[Text   derived   from   United   States   Statutes   at   Large, 

mo 

In  March  1818  Missouri,  which  was  a  part  of  the  Louisi 
ana  territory,  made  application  for  admission  to  the  Union 
with  her  rights  as  a  slave-holding  state  secured  to  her  in 
her  constitution.  This  demand  set  the  north  and  the  south 
at  issue  and  a  debate  began  which  lasted  nearly  two  years. 
The  question  was  not  only  one  of  admitting  Missouri  as  a 
slave-holding  state;  a  larger  one  was  involved — what  divi 
sion  of  the  Louisiana  territory  was  to  be  made  as  between 
free  and  slave  states?  After  much  delay  a  compromise 
was  proposed:  Missouri  might  be  admitted  as  a  slave-hold 
ing  state  upon  the  condition  that  all  the  states  afterward 

454 


NOTES    ON    THE    TEXT 

formed  from  the  portion  of  the  Louisiana  territory  lying 
north  of  latitude  36°  30'  should  be  free  and  that  slavery 
should  forever  be  excluded  from  that  part  of  the  territory. 
The  conditions  were  accepted  and  Missouri  was  authorized 
to  organize  a  state  government  with  slavery  in  its  constitu 
tion.  The  members  of  the  Missouri  convention  who  framed 
the  constitution  inserted  a  paragraph  making  it  the  duty  of 
the  state  legislature  to  prevent  mulattoes  and  free  negroes 
from  settling  in  the  state.  The  constitution  was  presented 
to  congress  for  approval  and  the  battle  was  fought  over 
again.  Another  compromise  was  proposed  by  Henry  Clay 
offering  Missouri  admission  provided  the  objectionable 
clause  relating  to  free  negroes  should  "  never  be  construed 
to  authorize  the  passage  of  any  law."  The  compromise 
was  accepted  and  on  2  March  1821  the  bill  passed  both 
houses.  President  Monroe  announced  the  admission  of 
Missouri  10  August  1821. 

AUTHORITIES 

The  Middle  Period.     John  W.  Burgess. 

A  History  of  the  American  People.     Vol.  IV.     John  Bach 

McMaster. 

Life  of  Henry  Clay.     Carl  Schurz. 
The  American  Conflict.     Vol.  I.     Horace  Greeley. 
History  of  the  Rise  and  Fall  of  the  Slave  Power  in  America. 

Vol.  I.     Henry  Wilson. 

The  Monroe  JDoctri?ie  1823 

[Text  derived  from  President  Monroe's  seventh  annual 
message  to  congress,  dated  2  December  1823.  The  message 
is  found  in  House  and  Senate  Journals,  1st  session  of  18th 
congress.] 

After  the  fall  of  Napoleon  the  sovereigns  of  Europe 
455 


NOTES    ON    THE    TEXT 

formed  themselves  into  an  alliance  for  restoring  monarchies 
and  at  the  same  time  for  crushing  the  idea  of  constitutional 
liberty  which  had  begun  in  France  and  had  spread  over 
Europe.  In  1823  the  alliance  aided  Spain  to  put  down  a 
revolution  and  restore  Ferdinand  VII  to  his  throne  and  was 
about  to  consider  Spain's  request  for  assistance  in  winning 
back  her  South  American  colonies  which  had  revolted  and 
declared  their  independence.  In  the  mean  time  Russia 
which  owned  Alaska  asserted  her  claim  to  all  of  the  Pacific 
coast  north  of  the  fifty-first  parallel  and  forbade  seamen 
of  any  other  nation  to  sail  within  a  hundred  miles  of  the 
coast.  Fur  traders  from  Alaska  were  gradually  creeping 
down  to  Oregon  which  at  that  time  was  held  in  common  by 
the  United  States  and  Great  Britain.  The  probable  policy 
of  the  alliance  and  the  encroachments  of  Russia  led  Presi 
dent  Monroe  in  his  message  of  1823  to  state  his  policy  to 
ward  foreign  powers  who  might  attempt  "  to  extend  their 
system  to  this  portion  of  the  hemisphere."  The  protest 
was  effective;  Spain  took  no  more  steps  toward  regaining 
her  American  colonies  and  Russia  soon  made  a  treaty  which 
opened  the  Pacific  to  the  United  States. 

This  foreign  policy  has  since  been  known  as  the  Monroe 
Doctrine,,  though  its  principles  are  those  of  Washington 
and  his  immediate  successors.  It  has  seemed  to  the  presi 
dents  following  Monroe  as  a  safe  and  necessary  policy. 
There  is  still  some  discussion  as  to  what  the  doctrine  really 
is.  It  has  been  stated  in  various  ways  and  has  sometimes 
been  understood  in  a  broader  sense  than  intended  by  Pres 
ident  Monroe.  The  doctrine  has  never  been  ratified  by 
congress  and  foreign  powers  are  not  bound  by  international 
law  to  observe  it.  It  is  efficacious  because  the  United  States 
has  power  to  enforce  it. 

212  Rights  .  .  .  menaced.  Aside  from  the  invasions 
of  Russia  there  was  fear  that  if  the  alliance  helped  Spain 

456 


NOTES    ON    THE    TEXT 

to  regain  her  American  colonies  Russia  might  demand  Cali 
fornia  as  her  share  of  payment  from  Spain  and  thus  com 
mand  the  Pacific. 

212  Whose  independence  we  have   .   .    .    acknowledged. 
The    United    States    in    May    1822    recognized   the    inde 
pendence  of  the  Spanish-American  states. 

213  Government  de  facto.     By  a  de  facto  government 
is  meant  the  one  in  power  though  it  may  not  be  the  rightful 
one. 

AUTHORITIES 

The  Middle  Period.     John  W.  Burgess. 

A  History  of  the  People  of  the  United  States.     Vol.   V. 

John  Bach  McMaster. 
James  Monroe.     Daniel  Coit  Oilman. 


Treaty  with  Great  Britain  1842 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

Several  questions  between  the  United  States  and  Great 
Britain  called  for  settlement  during  the  administration  of 
President  Tyler.  Only  part  of  the  boundary-line  between 
the  United  States  and  Canada  had  been  defined  by  the  Jay 
treaty.  The  boundary  from  the  River  St.  Croix  to  the 
St.  Lawrence  and  from  Lake  Huron  to  the  Rocky  mountains 
was  still  in  dispute.  Then  too  there  were  difficulties  con 
nected  with  the  acts  of  American  sympathizers  during  the 
Canadian  rebellion  of  1837  and  with  the  suppression  of  the 
slave-trade.  Great  Britain  sent  Lord  Ashburton  to  Wash 
ington  with  full  power  to  settle  the  disputes  and  Daniel 
Webster  represented  the  United  States.  On  9  August  the 

457 


NOTES    ON    THE    TEXT 

Webster-Ashburton    treaty    was    concluded    which    settled 
most  of  the  disputed  points  except  the  Oregon  boundary. 

AUTHORITIES 

History  of  the  United  States.     Vol.  IV.     J.  Schouler. 
Life  of  Daniel  Webster.     Vol.  II.     George  Ticknor  Curtis. 
Daniel  Webster.     John  Bach  McMaster. 
Thomas  Hart  Benton.     Theodore  Roosevelt. 

Treaty  with  Great  Britain  1846 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

The  Ashburton  treaty  concluded  in  1842  between  Great 
Britain  and  the  United  States  defined  part  of  the  disputed 
boundary  between  the  two  countries,  but  the  dividing  line 
west  of  the  Rocky  mountains  was  left  undetermined.  The 
territory  known  as  the  Oregon  country,  between  40°  and 
54°  40',  was  claimed  by  the  United  States  both  by  virtue 
of  the  discovery  of  the  Columbia  river  and  by  purchase 
from  France  in  1803,  France  having  included  it  in  the 
Louisiana  territory.  Great  Britain  claimed  the  country  as 
far  south  as  the  Columbia  river.  It  had  seemed  impossible 
to  effect  a  compromise  and  since  1818  the  two  countries  had 
agreed  upon  a  joint  occupation  of  the  territory  with  an 
understanding  that  either  party  could  terminate  the  arrange 
ment  on  twelve  months'  notice.  During  the  presidential 
campaign  of  1844  the  Democratic  party  stood  for  the  re- 
occupation  of  Oregon  and  the  re-annexation  of  Texas  and 
their  slogan  was  "  Fifty-four  Forty  or  Fight."  President 
Polk  in  1846  notified  Great  Britain  that  the  United  States 
was  about  to  withdraw  from  the  agreement  for  joint  occu 
pancy.  In  this  crisis  Great  Britain  made  terms  with  the 

458 


NOTES    ON    THE    TEXT 

United  States  and  a  treaty  was  concluded.  The  United 
States  accepted  the  forty-ninth  degree  of  north  latitude  as 
her  northern  boundary  and  relinquished  Vancouver's  island 
to  Great  Britain. 

AUTHORITIES 

Thomas  Hart  Benton.     Theodore  Roosevelt. 

Thirty  Years'  View.     Vol.  II.     Thomas  Hart  Benton. 


Treaty  with  Mexico  1848 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

In  1821  Mexico  revolted  from  Spain  and  established  her 
independence,  including  Texas  in  her  territory.  Texas  had 
been  a  part  of  the  Louisiana  purchase  but  in  order  to  secure 
the  Floridas  the  United  States  had  in  1819  relinquished 
Texas  to  Spain.  Two  offers  of  the  United  States  for  the 
purchase  of  Texas  were  refused  by  Mexico.  Meanwhile 
Texas  was  rapidly  being  settled  by  immigrants  from  the 
states,  most  of  them  from  the  south.  Mexico  had  a  few 
years  after  her  declaration  of  independence  abolished 
slavery,  nevertheless  the  slave-holding  immigrants  took 
their  slaves  with  them  and  when  they  had  become  sufficiently 
strong  they  framed  a  constitution  for  Texas.  In  1836 
Texas  seceded  from  Mexico  with  a  view  to  annexation  by 
the  United  States.  There  was  much  controversy  on  the 
subject  in  congress,  for  the  admission  of  Texas  meant  the 
extension  of  slavery.  At  last  by  a  joint  resolution  of  both 
houses  Texas  was  annexed  3  March  1845  and  in  December 
of  that  year  received  her  statehood.  The  question  of  the 
boundaries  of  Texas  was  certain  to  result  in  trouble  with 
Mexico  and  war  was  declared  13  May  1846.  The  struggle 

459 


NOTES    ON    THE    TEXT 

ended  with  the  signing  of  the  treaty  of  Guadalupe  Hidalgo 
by  which  the  United  States  gained  more  than  it  had  set  out 
to  fight  for — the  territory  known  as  New  Mexico  and  Upper 
Calif ornia_,  in  addition  to  Texas,  a  region  comprising  851,- 
590  square  miles. 

AUTHORITIES 

History  of  the  War  with  Mexico.     Horatio  O.  Ladd. 
Thirty  Years'  View.    Vol.  II.     Thomas  Hart  Benton. 
The    Constitutional   and   Political   History    of   the   United 
States.    Vol.  III.     Dr.  H.  von  Hoist. 


Treaty  with  Great  Britain  1850 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

By  the  treaty  of  1848  with  Mexico  the  United  States 
acquired  California  and  simultaneously  gold  was  discovered 
in  that  territory.  The  rush  of  immigration  caused  the 
government  to  consider  the  question  of  an  easy  route  to  Cali 
fornia  and  in  184Q  a  treaty  was  made  with  Nicaragua  by 
which  the  United  States  gained  the  right  to  construct  a 
ship-canal  across  the  Isthmus  of  Panama.  The  eastern 
coast  of  Nicaragua  was  occupied  by  the  Mosquito  Indians 
over  whom  Great  Britain  claimed  a  protectorate.  The  Unit 
ed  States  maintained  that  "the  Mosquito  Indians  had  no 
such  settled  territorial  site;  that  if  they  had  Great  Britain 
had  no  such  protectorate  or  sovereignty  over  them  as  to 
authorize  her  to  exercise  dominion  over  their  soil,  even  if 
they  had  any."  But  fearing  that  the  prosecution  of  the 
canal  might  bring  on  a  war  with  Great  Britain  the  United 
States  authorized  the  Secretary  of  State  to  negotiate  with 
the  British  minister  at  Washington  for  the  settlement  of 

460 


NOTES    ON    THE    TEXT 

the  difficulty.  The  result  was  the  Clayton-Bulwer  treaty 
by  which  Great  Britain  and  the  United  States  agreed  to 
a  joint  protectorate  over  the  proposed  canal.  The  signing 
of  the  treaty  was  followed  by  much  discussion  about  its 
provisions  and  before  work  on  the  canal  was  begun  the 
Civil  war  occupied  the  attention  of  the  United  States.  Since 
then  the  United  States  claimed  that  the  treaty  was  void 
or  voidable  for  these  reasons :  "  first,,  that  the  consideration 
of  the  treaty  having  failed,  its  object  never  having  been 
accomplished,  the  United  States  did  not  receive  that  for 
which  they  covenanted;  and  second,  that  Great  Britain  has 
repeatedly  violated  her  agreement  not  to  colonize  the  Cen 
tral  American  coast." 

AUTHORITIES 

History  of  the  United  States  from  the  Compromise  of  1850. 

Vol.  I.     J.  F.  Rhodes. 
Digest  of  the  International  Law  of  the  United  States.     F. 

Wharton. 

Compromise  of  1850 

[The  text  of  Clay's  Resolutions  is  derived  from  Senate 
Journal,  31st  Congress,  1st  Session;  The  Report  of  the 
Committee  of  Thirteen  from  Senate  Report  123,  31st  Con 
gress,  1st  Session;  The  Texas  and  New  Mexico  Act,  the 
California  Act,  the  Utah  Act,  the  Fugitive  Slave  Act  and 
the  Act  to  Suppress  the  Slave  Trade  in  the  District  of 
Columbia  are  from  United  States  Statutes  at  Large,  IX.] 

By  the  treaty  of  1848  with  Mexico  the  United  States  ac 
quired  Texas,  New  Mexico  and  California.  As  early  as 
1846  at  the  first  prospect  of  the  acquisition  the  question 
whether  or  not  slavery  should  be  tolerated  in  the  new  terri- 

461 


NOTES    ON    THE    TEXT 

tory  began  to  be  debated.  While  the  bill  to  provide  for  the 
purchase  was  before  the  house  David  Wilmot  of  Pennsyl 
vania  proposed  an  amendment,  since  known  as  the  Wilmot 
proviso,  excluding  slavery  from  any  territory  to  be  acquired 
from  Mexico.  This  proviso  expressed  the  opinion  of  the 
anti-slavery  party  which  insisted  that  in  territory  strictly 
under  the  jurisdiction  of  congress  slavery  should  be  pro 
hibited.  The  slave-holding  men  on  the  other  hand  main 
tained  that  in  order  to  keep  the  balance  between  the  two 
sections  any  new  territory  must  be  equally  divided  between 
the  slave-holding  and  the  free  states. 

The  struggle  went  on  for  three  years ;  bills  for  organizing 
the  territory  according  to  the  Wilmot  proviso  passed  the 
house  but  were  rejected  by  the  senate.  California  framed 
an  anti-slavery  constitution  and  3  June  1849  asked  for 
admission.  New  Mexico,  part  of  which  was  claimed  by 
Texas,  also  formed  a  state  constitution.  The  slavery  party 
demanded  the  rejection  of  California  and  an  amendment  to 
the  United  States  Constitution  which  would  guarantee  no 
further  proscription  of  slavery.  On  29  January  1850 
Henry  Clay  proposed  a  series  of  resolutions  intended  to 
settle  the  vexed  questions  and  restore  harmony  between  the 
North  and  the  South.  On  19  April  the  resolutions  were 
referred  to  a  compromise  committee  of  18  and  8  May  they 
reported  a  new  series  of  seven  resolutions  which  composed 
the  real  Compromise  of  1850.  These  measures  were 
grouped  in  one  bill  called  the  Omnibus  bill.  It  was  debated 
and  amended  till  nothing  was  left  of  it  but  the  act  to  estab 
lish  a  territorial  government  for  Utah,  which  was  passed. 
By  this  time  however  some  compromise  was  seen  to  be 
necessary,  for  Texas  with  the  promise  of  aid  from  some  of 
the  other  southern  states  was  ready  to  enforce  her  claim 
to  New  Mexico.  The  bills  which  had  failed  when  grouped 
as  the  Omnibus  bill  were  all  passed  separately.  The  anti- 

462 


NOTES    ON    THE    TEXT 

slavery  side  gained  by  this  compromise  the  admission  of 
California  as  a  free  state  and  the  prohibition  of  the  slave- 
trade,  though  not  of  slavery,  in  the  District  of  Columbia. 
The  slavery  party  gained  extensive  concessions  to  Texas 
and  a  more  stringent  fugitive  slave  law.  New  Mexico  and 
Utah  were  organized  under  territorial  governments,  the 
question  of  slavery  within  their  limits  being  left  for  the 
present  to  the  inhabitants. 

264  Persons  .  .  .  appointed  commissioners.  Accord 
ing  to  decisions  of  the  supreme  court  the  state  officials  could 
not  be  compelled  to  enforce  the  fugitive  slave  law,  so  com 
missioners  were  appointed  for  the  purpose. 

266  Posse  comitatus.  The  law-abiding  citizens  of  a 
community  called  upon  to  assist  a  legal  officer  in  enforcing 
a  law. 

AUTHORITIES 

Life  of  Henry  Clay.     Carl  Schurz. 

History  of  the  United  States  from  the  Compromise  of  1850. 

Vol.  I.     J.  F.  Rhodes. 
Daniel  Webster.     Henry  Cabot  Lodge. 
Life  of  Daniel  Webster.    Vol.  II.     George  Ticknor  Curtis. 
History  of  the  Rise  and  Fall  of  the  Slave  Power  in  America. 

Vol.  II.     Henry  Wilson. 

Treaty  with  Mexico  1853 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

The  treaty  of  Guadalupe  Hidalgo  did  not  clearly  define 
the  boundaries  between  the  United  States  and  Mexico.  The 
difference  was  adjusted  by  a  treaty  which  ceded  to  the 
United  States  the  Masilla  valley,  or  that  part  of  Arizona 
south  of  the  Gila  river,  a  region  containing  45,435  square 

463 


NOTES    ON    THE    TEXT 

miles.  The  negotiations  were  conducted  by  James  Gadsden, 
the  American  minister  to  Mexico,  and  the  treaty  is  called 
by  his  name. 

AUTHORITIES 

History  of  the  Pacific  States.  Vol.  V.  Hubert  Howe  Ban 
croft. 

The  Constitutional  and  Political  History  of  the  United 
States.  Vol.  V.  Dr.  H.  von  Hoist. 


Kansas-Nebraska  Act  1854 

[Text  derived  from  United  States  Statutes  at  Large,  X.] 

For  a  brief  time  the  compromise  of  1850  was  regarded  by 
both  the  slavery  and  the  anti-slavery  party  as  a  "  finality." 
The  slavery  issue  was  opened  again  early  in  1854  by  a 
bill  introduced  in  the  senate  by  Stephen  A.  Douglas,  Chair 
man  of  the  senate  committee  on  territories,  providing  for  the 
organization  of  the  Nebraska  territory  with  the  question 
of  slavery  to  be  left  for  its  inhabitants  to  settle  at  the  time 
of  the  adoption  of  their  state  constitution.  Bills  for  the 
organization  of  the  territory  had  previously  been  presented 
but  no  reference  had  been  made  to  slavery.  This  demand 
was  in  accordance  with  the  doctrine  of  Popular  Sovereignty 
(called  Squatter  Sovereignty  by  its  opponents)  which 
claimed  the  "  right  of  the  people  of  an  organized  Territory 
under  the  Constitution  and  laws  of  the  United  States  to 
govern  themselves  in  respect  to  their  own  internal  polity 
and  domestic  affairs."  The  slavery  provision  in  the  Doug 
las  bill  was  virtually  a  repeal  of  the  Missouri  compromise, 
for  Nebraska  was  a  part  of  the  territory  from  which  slavery 
was  forever  to  be  prohibited.  Douglas  and  his  party 
claimed  that  the  Compromise  of  1850  had  repealed  that  of 

4>64> 


NOTES    ON    THE    TEXT 

1820  and  cited  the  cases  of  the  territories  of  Utah  and  New 
Mexico  in  which  the  question  of  slavery  had  been  left  to 
the  option  of  the  inhabitants.  An  amendment  to  the 
Nebraska  bill  was  moved,  repealing  that  part  of  the  Mis 
souri  compromise  which  related  to  the  territory  in  question. 
This  was  accepted  by  Douglas  and  he  presented  a  new  bill 
which  provided  for  the  organization  of  the  Kansas  and 
Nebraska  territories  within  the  disputed  region  instead  of 
Nebraska  alone.  After  a  few  other  amendments  the  bill 
passed  the  senate  4>  March  1854.  It  was  discussed  in  the 
house  till  22  May  when  it  was  passed.  Because  of  more 
amendments  it  was  again  sent  to  the  senate  and  passed  26 
May  1854. 

AUTHORITIES 

History  of  the  United  States  from  the  Compromise  of  1850. 

Vol.  I.  James  Ford  Rhodes. 
Constitutional  and  Political  History  of  the  United  States. 

Vol.  III.  Dr.  H.  von  Hoist. 
History  of  the  Rise  and  Fall  of  the  Slave  Power  in  America. 

Vol.  II.     Henry  Wilson. 


Lincoln's  First  Inaugural  Address  1861 

[Text  derived  from  Abraham  Lincoln,  A  History.  Vol. 
3.  By  John  G.  Nicolay  and  John  Hay.] 

Lincoln  was  nominated  at  Chicago  18  May  I860  by  the 
National  Republican  Convention  "  on  the  policy  of  restrict 
ing  slavery  so  as  to  let  it  die  a  natural  death  within  a 
narrowly  confined  area."  He  was  elected  by  a  majority  of 
57  votes  in  the  electoral  college.  Between  his  election  and 
his  inauguration  seven  southern  states  had  seceded,  formed 
a  confederation  and  were  living  under  a  provisional  consti- 

465 


NOTES    ON    THE    TEXT 

tution.  Most  of  the  forts,  dock-yards  and  arsenals  belong 
ing  to  the  United  States  within  these  seven  states  had  been 
seized  by  the  Confederate  government.  Thus  Lincoln  met 
a  problem  which  might  have  appalled  even  his  stout  heart. 
All  the  country  was  looking  to  see  what  the  new  president 
would  do  and  his  inaugural  address  was  awaited  with 
anxiety. 

The  inauguration  ceremonies  were  held  4  March  1861 
on  the  east  portico  of  the  capitol  in  the  presence  of  the 
largest  gathering  that  had  ever  witnessed  the  inauguration 
of  a  president.  Lincoln  was  introduced  by  Senator  Baker 
of  Oregon,  then  he  delivered  his  inaugural.  The  address 
which  outlined  the  policy  of  the  new  president  was  wise, 
farseeing,  yet  dispassionate.  While  it  yielded  no  principle 
to  which  he  was  bound  to  adhere  it  was  not  radical  nor 
calculated  to  antagonize  those  who  were  wavering  between 
loyalty  to  country  and  state. 

283  One  of  those  speeches.  This  speech  was  Lincoln's 
reply  to  Douglas  in  the  first  joint  debate  given  at  Ottawa, 
Illinois  21  August  1858. 

AUTHORITIES 

The  Life  and  Public  Services  of  Abraham  Lincoln.     Henry 

J.  Raymond. 

The  Life  of  Abraham  Lincoln.  Vol.  II.  Ida  M.  Tarbell. 
Abraham  Lincoln,  A  History.  Vol.  3.  John  G.  Nicolay 

and  John  Hay. 
The  Civil  War  and  the  Constitution.     Vol.  I.       John  W. 

Burgess. 
History  of  the  United  States  from  the  Compromise  of  1850. 

Vol.  III.     J.  F.  Rhodes. 


466 


NOTES    ON    THE    TEXT 

Constitution   of  the   Confederate  States  of 
America  1861 

[Text  derived  from  Confederate  Statutes  at  Large,  edi 
tion  of  1864.] 

The  legislature  of  South  Carolina,  convened  for  the  pur 
pose  of  appointing  presidential  electors,  was  still  in  ses 
sion  when  the  election  of  Lincoln  was  announced.  A  con 
vention  was  appointed  to  meet  at  Columbia  to  take  steps  for 
the  preservation  of  the  commonwealth.  The  convention 
met  17  December  I860,  and  20  December  unanimously 
voted  that  the  ordinance  adopted  23  May  1788  ratifying 
the  Constitution  of  the  United  States  and  all  subsequent 
ratifications  of  amendments  were  to  be  considered  null  and 
void  and  that  "  the  union  subsisting  between  South  Caro 
lina  and  the  other  states  under  the  name  of  the  United 
States  of  America  is  hereby  dissolved."  By  1  February 
1861  Florida,  Mississippi,  Alabama,  Georgia,  Louisiana  and 
Texas  had  seceded.  Deputies  from  the  seven  states  met  in 
convention  at  Montgomery,  Alabama  and  drew  up  a  consti 
tution  for  a  provisional  government  which  was  adopted  9 
February.  Jefferson  Davis  of  Mississippi  was  chosen  pres 
ident  and  Alexander  H.  Stephens  of  Georgia  vice  president. 
On  the  day  of  the  election  of  the  president  a  committee 
was  appointed  to  frame  a  constitution  for  a  permanent 
government.  This  constitution  was  adopted  1 1  March  and 
at  once  ratified  by  all  the  seceding  states.  The  constitution 
was  based  upon  the  United  States  Constitution,  with  only 
such  changes  as  from  the  point  of  view  of  the  seceding 
states  were  demanded  by  the  exigencies  of  the  situation. 

295  Each  State  acting.  This  wording  was  adopted  "  in 
order  that  the  role  of  the  States  in  the  free  partnership 
might  not  again  be  questioned." 

467 


NOTES    ON    THE    TEXT 

301  Expenses  of  .  .  .  the  Post  Office  Department,  etc. 
The  makers  of  the  constitution  thought  that  the  franking 
privilege  had  been  abused  and  for  that  reason  the  post  office 
department  was  to  pay  all  expenses  out  of  its  own  revenue 
after  the  given  date. 

306  The  President  .  .  .  shall  be  elected.  In  this  con 
vention  as  in  that  of  1787  the  method  of  electing  the  pres 
ident  caused  much  discussion.  The  old  method  was  reluc 
tantly  adopted  till  a  better  one  could  be  devised.  In  making 
the  president  ineligible  for  a  second  term  the  makers  of 
this  constitution  thought  they  were  making  a  vast  improve 
ment  upon  the  United  States  Constitution.  They  elected 
the  president  for  six  years  in  order  to  have  the  advantage 
of  his  "  experience,  ability  and  services  "  but  they  would 
not  renominate  him  lest  he  should  be  tempted  to  use  his 
power  and  influence  to  secure  re-election. 

AUTHORITIES 

Civil  History  of  the  Government  of  the  Confederate  States. 

J.  L.  M.  Curry. 
Rise  and   Fall  of  the   Confederate  Government.     Vol.   I. 

Jefferson  Davis. 

The  American  Conflict.     Vol.   I.     Horace  Greeley. 
The  Civil  War  and  the  Constitution.     Vol.   I.     John  W. 

Burgess. 
Division  and  Reunion.     Woodrow  Wilson. 

Emancipation  Proclamation  1863 

[Text  derived  from  Abraham  Lincoln,  A  History.  Vol. 
6.  By  John  G.  Nicolay  and  John  Hay.] 

Lincoln  was  censured  by  many  of  his  party  because  he 
did  not  at  once  take  measures  to  emancipate  the  slaves. 
But  he  knew  that  the  time  was  not  ripe  for  such  a  step; 

468 


NOTES    ON    THE    TEXT 

he  must  wait  for  public  sentiment  to  change.  "  He  declared 
openly/'  says  Carl  Schurz,  "  that  he  had  a  right  to  summon 
the  people  to  fight  for  the  Union,  but  not  to  summon  them 
to  fight  for  the  abolition  of  slavery  as  a  primary  object; 
and  this  declaration  gave  him  numberless  soldiers  for  the 
Union  who  at  that  period  would  have  hesitated  to  do  battle 
against  the  institution  of  slavery."  The  war  had  been  in 
progress  for  a  year  and  a  half  when  on  22  September 
1862  Lincoln  issued  a  preliminary  proclamation  that  on 
the  first  day  of  January  in  the  following  year  all  slaves  in 
the  seceded  states  should  be  freed  unless  in  the  mean  time 
such  states  should  have  come  back  into  the  Union.  Accord 
ingly  1  January  1863  the  definitive  emancipation  proclama 
tion  was  issued. 

"  It  was  necessary  to  put  the  South  at  a  moral  disadvan 
tage  by  transforming  the  contest  from  a  war  waged  against 
States  fighting  for  the  maintenance  and  extension  of  slavery 
by  making  some  open  move  for  emancipation  as  the  real 
motive  of  the  struggle,"  says  Woodrow  Wilson.  "  Once 
make  the  war  a  struggle  against  slavery,  and  the  world, 
it  might  be  hoped,  would  see  it  a  moral  war,  not  a  political, 
and  the  sympathy  of  nations  would  begin  to  run  for  the 
North,  not  for  the  South." 

AUTHORITIES 

Abraham  Lincoln.    Vol.  II.     John  T.  Morse,  Jr. 

The  Life  of  Abraham  Lincoln.     Vol.  II.     Ida  M.  Tarbell. 

A  History  of  the  American  People.     Vol.  IV.     Woodrow 

Wilson. 
History  of  the  United  States  from  the  Compromise  of  1850. 

Vol.  IV.     J.  F.  Rhodes. 
The  Civil  War  and  the  Constitution.     Vol.  II.     John  W. 

Burgess. 
The  American  Conflict.     Vol.  II.     Horace  Greeley. 

469 


NOTES    ON    THE    TEXT 

Lincoln  s  Gettysburg  Address  1863 

[Text  derived  from  Abraham  Lincoln,  A  History.  Vol. 
8.  By  John  G.  Nicolay  and  John  Hay.] 

After  the  battle  of  Gettysburg  the  burial  of  the  dead  and 
the  care  of  the  wounded  left  on  the  battle-field  fell  to  the 
authorities  of  the  state  of  Pennsylvania.  At  that  time  it 
was  proposed  to  set  aside  a  portion  of  the  battle-field  as 
a  cemetery  where  the  remains  of  the  fallen  soldiers  might 
be  brought  together  and  marked  with  fitting  monuments. 
The  governors  of  the  17  Union  states  whose  soldiers  had 
fallen  in  that  great  struggle  gave  their  co-operation  and  the 
plan  was  carried  through.  It  was  desired  to  dedicate  the 
cemetery  by  an  impressive  ceremony  and  Mr.  David  Wills, 
acting  for  the  governors  of  the  several  states,  wrote  to  Pres 
ident  Lincoln  asking  that  he  as  chief  executive  of  the  nation 
would  "  formally  set  aside  these  grounds  to  their  sacred 
use  by  a  few  appropriate  remarks."  The  ceremonies  took 
place  19  November  1863.  Edward  Everett  was  the  orator 
of  the  day  and  Lincoln  followed  his  brilliant  oration  with 
"  an  address  of  dedication  so  pertinent,  so  brief  yet  so 
comprehensive,  so  terse  yet  so  eloquent,  linking  the  deeds 
of  the  present  to  the  thoughts  of  the  future,  with  simple 
words,  in  such  living,  original,  yet  exquisitely  molded, 
maxim-like  phrases  that  the  best  critics  have  awarded  it 
an  unquestioned  rank  as  one  of  the  world's  masterpieces 
of  rhetorical  art."  (Nicolay  and  Hay,  Abraham  Lincoln.) 

AUTHORITIES 

The  Life  and  Public  Services  of  Abraham  Lincoln.     Henry 

J.  Raymond. 

The  Life  of  Abraham  Lincoln.     Isaac  N.  Arnold. 
Abraham  Lincoln.     Noah  Brooks. 

470 


NOTES    ON    THE    TEXT 

Proclamation  of  Amnesty  1863 

[Text  derived  from  United  States  Statutes  at  Large, 
XIIL] 

This  proclamation  of  amnesty  was  Lincoln's  first  step 
toward  the  solution  of  the  problem  of  reconstruction  which 
confronted  president  and  congress.  "  Lincoln  seems  to 
have  held  from  the  beginning  that  while,  as  commander- 
in-chief  he  was  bound  to  carry  the  war  into  the  heart  of 
the  seceding  states,  he  was  also  bound,  as  civil  executive, 
to  endeavor  to  restore  civil  relations  with  the  states  them 
selves."  In  his  annual  message  of  the  same  date  he  de 
fended  the  theories  set  forth  in  the  proclamation.  This 
proclamation  indicates  what  his  policy  would  have  been  had 
he  lived  to  carry  it  out — to  create  by  pardon  a  loyal  party 
in  the  seceded  states  and  as  soon  as  possible  put  the  loyal 
class  in  control  of  the  state  government.  On  26  March 
1864  Lincoln  issued  a  supplementary  proclamation  to  ex 
plain  that  he  did  not  intend  to  include  prisoners  of  war  in 
the  first  proclamation. 

321  Laws  .   .   .  declaring  .   .   .   confiscation,  etc.     "  An 
Act  to  confiscate  Property  used  for  Insurrectionary  Pur 
poses  "  was  passed  6  August  1861  and  "  An  Act  to  suppress 
Insurrection,   to   punish    Treason    and   Rebellion,   to   seize 
and  confiscate  the  Property  of  Rebels,  and  for  other  Pur 
poses  "  was  passed  17  July   1862.     The  latter  authorized 
the  president  to  extend  pardon  and  amnesty  to  persons  who 
had  taken  part  in  the  rebellion. 

322  Such  person  shall  take  .   .   .    an  oath.     In  his  mes 
sage  of  the  same  date  as  the  proclamation  President  Lincoln 
said,  "  There  must  be  a  test  by  which  to  separate  the  oppos 
ing  elements,  so  as  to  build  only  from  the  sound,  and  that 
test  is  a  sufficiently  liberal  one  which  accepts  as  sound  who 
ever  will  make  a  sworn  recantation  of  his  unsoundness." 

471 


NOTES    ON    THE    TEXT 

823  States  of  Arkansas  .  .  .  North  Carolina.  Virginia 
is  not  included  because  her  government  had  already  been 
recognized. 

AUTHORITIES 

A  History  of  the  American  People.     Vol.   V.     Woodrow 

Wilson. 
Reconstruction  and  the  Constitution.     John  W.  Burgess. 


Lincoln's  Second  Inaugural  Address  1866 

[Text  derived  from  Abraham  Lincoln,  A  History.  Vol. 
10.  John  G.  Nicolay  and  John  Hay.] 

Lincoln  was  renominated  8  June  1864  despite  the  oppo 
sition  of  the  radical  wing  of  his  own  party  who  criticised 
his  caution  and  thought  that  the  war  should  have  been 
pushed  to  a  finish.  Before  the  election,  however,  the  for 
tune  of  war  turned  and  the  North  gained  some  important 
victories.  Confidence  in  the  president's  policy  was  restored 
and  he  received  212  electoral  votes. 

As  before,  the  inauguration  took  place  on  the  east  portico 
of  the  capitol  but  this  time  the  spectators  saw  what  was 
never  seen  before  at  such  a  ceremony — negro  citizens 
marching  in  the  procession  and  forming  a  part  of  the  mili 
tary  escort.  The  president's  inaugural,  in  beauty  and  sub 
limity,  rivaled  the  address  given  on  the  battle-field  of 
Gettysburg.  Lincoln  himself  said  of  it,  "I  expect  it  to 
wear  as  well  as,  perhaps  better,  than  anything  I  have  pro 
duced." 

At  the  conclusion  of  the  address  the  oath  was  adminis 
tered  by  Chief  Justice  Chase. 


472 


NOTES    ON    THE    TEXT 


AUTHORITIES 

The  Life  and  Public  Services  of  Abraham  Lincoln.    Henry 

J.  Raymond. 
Abraham  Lincoln,  A  History.     Vol.  10.     John  G.  Nicolay 

and  John  Hay. 

Proclamation  Declaring  the  Insurrection  at  an 
End  1866 

[Text   derived   from   United  States   Statutes   at  Large, 

XIV.] 

On  10  May  1865  President  Johnson  issued  a  proclama 
tion  which  substantially  declared  that  actual  hostilities  had 
ceased  and  that  armed  resistance  to  the  United  States  was 
virtually  at  an  end  in  the  seceding  states.  A  proclamation 
of  2  April  1866  declared  the  insurrection  at  an  end  in  all 
the  states  except  Texas.  Texas  soon  after  adopted  the 
revised  constitution  and  the  president's  proclamation  of  20 
August  1866  was  an  official  notice  that  the  insurrection  was 
at  an  end  throughout  the  country  and  that  the  government 
in  the  lately  seceded  states  could  be  carried  on  by  civil 
instead  of  military  authority. 

AUTHORITIES 

Reconstruction  and  the  Constitution.     John  W.  Burgess. 

Treaty  with  Russia  1867 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

The  possession  of  Alaska  gave  Russia  a  foothold  upon 
American  soil  and  that  fact  at  one  time  caused  the  United 

473 


NOTES    ON    THE    TEXT 

States  no  little  anxiety.  However,  the  statement  of  his 
policy  toward  foreign  powers  made  by  President  Monroe 
in  1823  put  a  stop  to  the  encroachment  of  Russia  on  the 
Pacific  coast.  Russia  did  not  value  Alaska  highly  and  knew 
that  in  case  of  war  she  would  have  difficulty  in  defending 
it.  As  early  as  1859  she  intimated  her  willingness  to  sell 
it  to  the  United  States.  Throughout  the  Civil  war  Russia 
had  been  most  friendly  toward  the  United  States  and  the 
desire  to  continue  the  cordial  relations  and  at  the  same  time 
decrease  the  foreign  power  in  the  United  States  led  our 
government  to  accept  the  offer.  The  purchase  was  con 
cluded  30  March  1867,  the  formal  transfer  of  the  territory 
was  made  at  Sitka  18  October  1867,  thus  adding  531,409 
square  miles  to  the  possessions  of  the  United  States. 

AUTHORITIES 

History  of  the  Pacific  States.  Vol.  XXVIII.  Hubert 
Howe  Bancroft. 

Twenty  Years  of  Congress.     Vol.  II.     James  G.  Elaine. 

The  Life  of  William  H.  Seward.  Vol.  II.  Frederic  Ban 
croft. 

Treaty  with  Great  Britain  1871 

[Text  derived  from  Revised  Statutes  of  the  United 
States  Relating  to  the  District  of  Columbia,  etc.] 

At  the  close  of  the  Civil  war  several  important  questions 
were  pending  between  the  United  States  and  Great  Britain. 
First  in  importance  was  the  claim  for  injuries  done  during 
the  war  by  the  Alabama,  the  Florida  and  other  Confeder 
ate  cruisers  which  were  fitted  out  in  English  ports  and  par 
tially  manned  by  English  seamen.  Besides  there  were  dif 
ferences  in  regard  to  the  northwest  boundaries  which 

474 


NOTES    ON    THE    TEXT 

former  treaties  had  not  satisfactorily  settled,  the  respective 
rights  of  American  and  Canadian  fishermen  and  the  trade 
between  the  United  States  and  Canada.  The  correspond 
ence  in  regard  to  the  Alabama  claims  was  begun  as  early  as 
1862.  A  treaty  known  as  the  Johnson-Clarendon  convention 
was  signed  at  London  14  January  1869  but  was  rejected  by 
the  senate  "  because  although  it  made  provision  for  the  part 
of  the  Alabama  claims  .  .  .  for  individual  losses,  the  pro 
vision  for  the  more  extensive  national  losses  was  not  satis 
factory  to  the  Senate."  On  26  January  1871  Great  Britain 
proposed  the  appointment  of  a  joint  high  commission  which 
should  meet  at  Washington  to  treat  regarding  the  differences 
between  the  two  governments  concerning  the  British  pos 
sessions  in  North  America.  To  this  the  United  States  agreed 
provided  Great  Britain  would  at  the  same  time  take  up  the 
Alabama  claims.  Accordingly  five  commissioners  from  each 
country  met  at  Washington  and  concluded  a  treaty  which 
provided  for  the  settlement  by  arbitration  of  most  of  the 
difficulties. 

342  Article  I-IX.  The  Geneva  tribunal  met  in  Decem 
ber  1871  and  gave  a  verdict  in  favor  of  the  United  States, 
awarding  a  gross  sum  of  $15,500,000  to  be  distributed  by 
the  government.  Charles  Francis  Adams  represented  the 
United  States. 

350  Article  XII-XVII.  The  three  commissioners  met 
at  Washington  in  September  1871  and  decided  in  favor  of 
Great  Britain,  giving  her  a  net  award  of  about  $2,000,000. 
James  Frazer  represented  the  United  States. 

354  Article  XVIII-XXV.  The  three  commissioners  ap 
pointed  to  decide  whether  "  the  privileges  accorded  to  the 
citizens  of  the  United  States  under  Article  XVIII  of  this 
treaty  are  of  greater  value  than  those  accorded  by  Articles 
XIX  and  XXI  of  this  treaty  to  the  subjects  of  her  Bri 
tannic  Majesty"  met  at  Halifax  in  1877  and  decided  that 

475 


NOTES    ON    THE    TEXT 

Great  Britain  gave  more  than  she  received  and  awarded  her 
$5,500,000. 

364,  Article  XXXIF-XLII.  The  emperor  of  Germany 
decided  the  boundary  question  in  favor  of  the  United 
States.  "  The  award  leaves  us  for  the  first  time  in  the 
history  of  the  United  States  as  a  nation,  without  a  question 
of  disputed  boundary  between  our  territory  and  the  posses 
sions  of  Great  Britain,"  said  President  Grant. 

AUTHORITIES 

The  History  of  the  Last  Quarter-Century  in  the  United 

States.    Vol.  I.     E.  Benjamin  Andrews. 
History   of    the    United    States.     Vol.  II.     E.    Benjamin 

Andrews. 

Mr.  Fish  and  the  Alabama  Claims.     J.  C.  Bancroft  Davis. 
Charles  Francis  Adams.     Charles  Francis  Adams. 


Annexation  of  the  Hawaiian  Islands  1898 

[Text  derived  from  United  States  Statutes  at  Large, 
XXX.] 

In  18Q3  a  revolution  took  place  in  the  Hawaiian  islands. 
The  queen,  Liliuokalani,  was  only  a  nominal  sovereign,  the 
power  being  vested  in  the  legislature.  The  queen  attempted 
to  force  upon  the  people  a  new  constitution  which  should 
bring  the  legislature  under  her  control  but  the  attempt 
failed.  The  foreigners  living  in  the  capital,  most  of  them 
Americans,  took  matters  into  their  own  hands.  The  queen 
was  forced  to  abdicate  and  a  provisional  government  was 
set  up  which  promised  that  negotiations  for  annexation  to 
the  United  States  should  be  made.  The  United  States 
minister  in  the  mean  time  took  it  upon  himself  to  proclaim 

476 


NOTES    ON    THE    TEXT 

a  protectorate  over  the  islands.  The  outgoing  president, 
Mr.  Harrison,  sent  an  annexation  treaty  to  the  senate  but 
it  was  withdrawn  by  President  Cleveland  who  disclaimed 
all  that  the  United  States  minister  had  done.  On  16  June 
1897  a  second  treaty  was  sent  to  congress  by  President 
McKinley  which  had  that  day  been  signed  by  representatives 
of  both  governments.  The  question  of  annexation  was  dis 
cussed  till  March  1898  when  a  joint  resolution  was  intro 
duced  into  congress.  This  was  finally  passed  by  the  house 
15  June  and  by  the  senate  6  July.  The  islands  were  for 
mally  transferred  to  the  United  States  12  August  1898 
and  in  April  1900  an  act  was  passed  providing  for  a  terri 
torial  form  of  government. 


AUTHORITIES 

America  in  Hawaii.     Edmund  Janes  Carpenter. 
A  History  of  the  American  People.     Vol.   V.     Woodro\» 
Wilson. 


Recognition  of  the  Independence  of  Cuba  1898 

[Text   derived   from   United   States   Statutes   at  Large, 

XXX.] 

On  11  April  1898  President  McKinley  sent  a  special 
message  to  congress  asking  for  power  and  authority  "  to 
take  measures  to  secure  a  full  and  final  termination  of 
hostilities  between  the  Government  of  Spain  and  the  people 
of  Cuba,  and  to  secure  in  the  island  the  establishment  of 
a  stable  government,  capable  of  maintaining  order  and  ob 
serving  its  international  obligations,  insuring  peace  and 
tranquility  and  the  security  of  its  citizens  as  well  as  our 

477 


NOTES    ON    THE    TEXT 

own,  and  to  use  the  military  and  naval  forces  of  the  United 
States  as  may  be  necessary  for  these  purposes."  In  accord 
ance  with  this  message  a  joint  resolution  for  the  recog 
nition  of  the  independence  of  Cuba  was  adopted  by  congress 
20  April  1898. 

AUTHORITIES 

The  War  With  Spain.     Henry  Cabot  Lodge. 
A  History  of  the  American   People.     Vol.   V.     Woodrow 
Wilson. 


Treaty  with  Spain  1898 

[Text  derived  from  United  States  Statutes  at  Large, 
XXX.] 

On  17  July  1898  the  town  of  Santiago  and  all  the  eastern 
ports  of  Cuba  were  surrendered  to  the  United  States  forces. 
On  26  July  the  Spanish  government  through  M.  Cambon, 
the  French  ambassador  at  Washington,  began  overtures  for 
peace  and  on  30  July  definite  terms  were  proposed.  Hos 
tilities  were  suspended  12  August  and  a  peace  protocol 
was  signed  at  Washington.  The  United  States  sent  five 
commissioners  to  Paris  to  treat  for  peace.  They  met  the 
Spanish  commissioners  1  October  and  10  December  the 
treaty  was  concluded.  The  appropriation  called  for  by 
article  III  was  made  2  March  1899- 

AUTHORITIES 

The  War  with  Spain.     Henry  Cabot  Lodge. 
Senate  Document  No.  148  (Papers  Relating  to  the  Treaty 
with  Spain)  56th  Congress  2nd  Session. 


478 


NOTES    ON    THE    TEXT 

Reciprocal  Commercial  Convention  Between  the 
United  States  and  Cuba  1902 

[Text  derived  from  message  of  the  President  of  the  United 
States.] 

After  the  adoption  of  the  Cuban  Constitution  President 
McKinley  promised  the  Cubans  that  he  would  use  his  influ 
ence  to  get  some  reciprocity  measures  passed  which  should 
lighten  the  burden  of  the  tariff.  President  Roosevelt  felt 
pledged  to  carry  out  Mr.  McKinley's  promise  and  in  his 
message  of  December  1901  he  strongly  urged  the  passage 
of  reciprocity  measures.  This  was  most  necessary  for  the 
Cuban  sugar  industry  was  greatly  depressed.  There  was 
much  opposition  to  the  proposition,,  chiefly  from  the  manu 
facturers  of  beet  sugar  and  from  parties  interested  in  cane 
sugar  in  the  southern  states  and  Hawaii,  and  it  was  impossi 
ble  to  get  a  reciprocity  bill  through  congress  before  its 
adjournment  in  June  1902.  Then  the  administration  tried 
another  plan.  It  sent  a  representative  to  Cuba  to  negotiate 
a  reciprocity  treaty.  Such  a  treaty  was  drawn  up  and  rati 
fied  by  Cuba.  A  supplementary  convention,,  extending 
the  time  within  which  the  ratifications  of  the  commercial 
treaty  might  be  exchanged,  was  signed  by  the  representa 
tives  of  both  countries  26  January  1903.  After  consider 
able  discussion  the  commercial  treaty  was  ratified  by  the 
United  States  senate,  19  March  1903.  A  change  of  tariff 
rates  was  involved  and  since  the  Constitution  gives  the 
house  a  voice  in  all  matters  dealing  with  revenue,  it  was 
necessary  to  pass  a  bill  before  the  treaty  could  go  into 
effect.  A  joint  resolution  was  considered  in  the  special 
session  of  congress  which  began  in  November  1903,  and  was 
passed  16  December.  The  president  signed  the  treaty  the 
following  day  and  issued  a  proclamation  announcing  that 
it  would  go  into  effect  27  December  1903. 

479 


NOTES    ON    THE    TEXT 

Panama  Ship-Canal  Treaty  1904 

[Text  derived  from  message  of  the  President  of  the  United 
States.] 

The  work  of  building  the  Panama  canal  was  begun  by  a 
French  company  organized  about  the  year  1879.  The  stock 
was  taken  in  small  sums  by  thousands  of  French  people  and 
concessions  were  obtained  from  the  republic  of  Colombia 
for  land  and  other  rights  necessary  for  the  work.  On  21 
February  1881  the  construction  of  the  canal  began  under 
the  direction  of  Ferdinand  de  Lessups,  the  famous  French 
engineer.  In  1888  the  French  stockholders  grew  suspicious 
that  their  money  was  not  properly  appropriated  and  refused 
to  give  more.  It  transpired  that  the  funds  had  been  wasted 
and  that  only  a  small  part  of  the  work  had  been  done.  In 
spite  of  the  scandal  another  company  was  organized  in 
1894-5.  After  a  few  months  there  was  another  scandal  and 
no  more  money  could  be  raised.  Since  then  very  little  work 
has  been  done  and  the  machinery  and  other  property  of 
the  company  on  the  isthmus  has  been  going  to  ruin. 

In  the  meantime  the  United  States  government  was  in 
vestigating  the  Nicaragua  route.  Some  of  the  engineers 
became  convinced  that  the  Panama  route  was  more  desir 
able.  At  this  juncture  the  French  company  saw  an  oppor 
tunity  to  get  rid  of  a  "  white  elephant "  and  proposed  to 
sell  out  to  the  United  States  for  $40,000,000.  The  latter 
then  began  negotiations,  after  the  necessary  measures  had 
passed  through  Congress,  for  the  purchase  of  the  canal 
rights.  In  order  to  clear  the  way  for  the  building  of  the 
canal  the  United  States  had  to  do  two  things — buy  out  the 
French  company  and  make  a  treaty  with  Colombia  for  the 
control  of  the  canal  strip  across  the  isthmus,  over  which 
the  republic  held  sovereignty.  A  treaty  with  Colombia  was 

480 


NOTES    ON    THE    TEXT 

drawn  up  early  in  1903  and  ratified  by  the  congress  of  the 
United  States,  but  was  rejected  by  the  Colombian  congress. 
It  is  now  said  that  the  politicians  did  not  intend  to  defeat 
the  treaty  finally,  but  the  plan  was  to  delay  the  matter  until 
late  in  1904,  when  the  concession  to  the  French  company 
would  expire,  and  then  claim  a  part  of  the  money  which 
was  to  go  to  that  company. 

But  the  prosperity  of  the  cities  of  Colon  and  Panama  de 
pended  on  the  building  of  the  canal  and  the  people  of  the 
isthmus  were  so  dissatisfied  with  Colombia  for  rejecting 
the  treaty  that  in  November  1903  they  seceded  and  set  up 
a  republic  for  themselves.  Another  treaty  for  the  canal 
strip  was  drawn  up  and  was  ratified  by  the  United  States 
and  the  republic  of  Panama.  Final  steps  have  been  taken 
for  the  transfer  of  the  French  company's  rights  to  the 
United  States. 

405  Contract  with  .  .  .  Wyse.  In  1877  the  Colombian 
government  granted  a  concession  to  Lucien  N.  B.  Wyse 
for  constructing  a  canal  across  the  isthmus.  The  Panama 
Canal  Company  purchased  the  concession. 


481 


INDEX 


Address,  of  colonists,  to  king,  42, 
46;  to  people  of  Great  Britain, 
42,  46,  55;  Washington's  fare 
well,  157-176. 

Admiralty  courts,  extension  of  jur 
isdiction  of,  35,  37,  41,  45. 

Admission  of  new  states  into  Union, 
93,  108. 

Alabama  claims,  settlement  of,  342- 
354. 

Alaska,  boundaries  of,  335-337; 
treaty  for  cession  of,  335-340. 

Alliance,  treaty  of  between  United 
States  and  France,  72-76. 

Ambassadors,  duty  of  president  to 
receive,  106;  original  jurisdic 
tion  of  supreme  court  in  cases 
affecting,  107;  recall  of,  154. 

Amendments,  to  Constitution,  pro 
vision  for,  109;  added  to  Con 
stitution,  112-117;  Lincoln  on, 
292. 

Amnesty,  proclamation  of,  321- 
324. 

Annexation  of  Hawaiian  islands, 
resolution  for,  369-371. 

Appellate  jurisdiction  of  supreme 
court,  107. 

Arbitration,  settlement  of  Alabama 
claims  by,  343-354;  settlement 
of  Oregon  boundary  by,  365- 
368. 

Arms,  declaration  of  causes  and 
necessity  of  taking  up,  43-51; 


colonists  forced  to  resort  to,  43; 
right  of  people  to  keep  and  bear, 
112. 

Army,  power  of  congress  to  raise 
and  equip,  66,  67. 

Articles,  of  confederation  of  New 
England  colonies,  19-27;  of  con 
federation  of  1777,  59-71. 

Ashburton  treaty,  215-225. 

Assemblies,  colonial,  dissolved,  38, 
53,  55. 

Association,  non-importation,  non- 
consumption,  and  non-exporta 
tion,  42,  46. 

Attainder,  no  bill  of  to  be  passed 
by  congress,  101;  by  any  state, 
102. 

Bail,  excessive,  not  allowed  by  con 
stitution,  114. 

Bankruptcies,  laws  for,  established 
by  congress,  100. 

Bills,  for  raising  revenue  to  orig 
inate  in  house  of  representatives, 
99;  all  to  be  presented  to  presi 
dent,  99;  how  passed  over  presi 
dent's  veto,  99. 

Boston,  act  to  discontinue  use  of  as 
port,  37,  42,  45;  treachery  of 
General  Gage  to  inhabitants  of, 
48. 

Boundaries,  of  Quebec  enlarged, 
54;  method  of  deciding  disputes 
about  between  states,  64,  65; 


482 


INDEX 


between  British  possessions  and 
United  States,  79,  80,  186-192, 
215-219,  227,  364,  365;  of 
states  formed  from  northwest 
territory,  92,  93;  of  territory  of 
Six  Nations,  127;  between 
United  States  and  Spanish  pos 
sessions,  196-198;  of  Missouri, 
206,  207;  of  Oregon,  227,  365- 
368;  between  United  States  and 
Mexico,  234-236,  274,  275;  of 
Texas,  258,  260,  262;  of  Utah, 
261;  of  New  Mexico,  262,  263; 
of  Alaska,  335-337;  of  the  Phil 
ippine  islands,  375,  376;  of 
Panama  canal  strip,  394,  395. 
Bulwer,  Clayton-Bulwer  treaty, 
251-257. 

California,  Clay's  resolution  for 
admission  of,  258;  report  on  res 
olution  for  admission  of,  260;  act 
for  admission  of,  263,  264. 

California,  gulf  of,  open  by  treaty 
with  Mexico,  236. 

Canada,  provision  for  admission  to 
confederation,  68. 

Canal,  Washington  urges  construc 
tion  of  interior,  161;  treaty  with 
Great  Britain  for  Nicaragua, 
251-257;  Great  Britain  to  urge 
Canada  to  open  to  United 
States,  360;  convention  between 
United  States  and  Panama  for 
construction  of,  393-408. 

Charlestown,   burned  by  British, 


Charter,  first  Virginia,  5-17;  col 
onists  entitled  to  rights  granted 


by,  40;  Massachusetts,  taken 
away  by  crown,  54. 

Chinese,  immigration  of  to  Hawai 
ian  islands  forbidden,  371. 

Claims,  mutual  relinquishment  of 
by  United  States  and  Spain, 
200-203;  to  New  Mexico,  re 
linquished  by  Texas,  259,  260; 
Alabama,  settlement  of,  342, 
354 

Clay's  resolutions,  258,  259. 

Clayton-Bulwer  treaty,  251-257. 

Coin,  exclusive  right  of  congress  to 
regulate  value  of,  65. 

Colombia,  president  of  United 
States  authorized  to  acquire 
control  of  territory  from,  393, 
394. 

Colonists,  American,  entitled  to 
rights  of  native-born  British 
subjects,  34;  petitions  of  treated 
with  contempt,  46,  55. 

Colorado  river  open  by  treaty  of 
1848,  236. 

Columbia,  District  of,  suppression 
of  slave-trade  in,  259,  260,  272; 
fugitive  slave  law  in,  270-272. 

Columbia  river  open  to  Hudson 
bay  company,  227. 

Commerce,  power  of  congress  to 
regulate,  100. 

Commissioners,  board  of,  estab 
lished  by  parliament,  37. 

Committee  of  thirteen,  recapitula 
tion  of  report  of,  260. 

Compact,  Mayflower,  18. 

Compromise,  Missouri,  206-210; 
repeal  of,  281,  282. 

Compromise    of    1850,    258-272; 


483 


INDEX 


Clay's  resolutions,  258,  259;  re 
capitulation  of  report  of  com 
mittee  of  thirteen,  260;  Utah  act, 
261;  Texas  and  New  Mexico 
act,  261-263;  California  act, 
263,  264;  Fugitive  slave  act, 
264-271;  act  to  suppress  slave- 
trade  in  District  of  Columbia, 
272. 

Concord,  assault  on,  48. 

Confederation,  articles  of  new 
England  colonies,  19-27;  arti 
cles  of  1777,  59-71. 

Confiscations,  not  to  be  made 
against  British  loyalists,  82;  not 
to  be  made  in  case  of  war  be 
tween  Great  Britain  and  United 
States,  143;  of  Mexican  property 
not  allowed,  244. 

Congress,  confederate,  choice  and 
apportionment  of  representa 
tives,  295,  296;  choice  and  ap 
portionment  of  senators,  296; 
powers  and  duties  of  each  house, 
298;  adjournment  of,  298;  power 
of,  300-302;  appropriation  of 
money  by,  303;  messages  and 
recommendations  of  president  to, 
310;  power  to  punish  treason, 
311;  power  to  legislate  over  new 
territory,  313;  proposition  of 
amendments  by,  313,  314. 

Congress,  continental,  declaration 
and  resolves  of  first,  37-42; 
deputies  to  appointed  by  several 
colonies,  38. 

Congress,  United  States,  choice 
and  apportionment  of  represen 
tatives,  95,  96;  choice  and  appor 


tionment  of  senators,  96;  powers 
and  duties  of  each  house,  98; 
adjournment  of,  98;  power  of, 
99-101,  108;  time  of  choosing 
presidential  electors  determined 
by,  104;  messages  and  recom 
mendations  to  by  president,  106; 
power  of  to  punish  treason,  107; 
proposition  of  amendments  by, 
109. 

Constitution,  confederate,  295-316; 
qualifications  of  representatives, 
295;  apportionment  of  repre 
sentatives,  295,  296;  qualifica 
tions  of  senators,  297;  powers  of 
each  house,  298;  compensation 
of  members  of  congress,  298; 
passage  of  bills,  299,  300;  power 
of  congress,  300-302;  importa 
tion  of  negroes  from  foreign 
countries  forbidden,  302;  right 
of  habeas  corpus,  303;  bill  of  at 
tainder  and  ex  post  facto  law  for 
bidden,  303;  rules  for  appropria 
tion  of  money,  303;  no  title  of 
nobility  to  be  granted,  304;  no 
law  respecting  an  establishment 
of  religion  allowed,  304;  freedom 
of  speech  and  of  the  press  not  to 
be  abridged,  304;  right  to  bear 
arms,  304 ;  right  to  trial  by  jury, 
305;  restrictions  on  power  of 
states,  305, 306;  election  of  presi 
dent  and  vice-president,  306, 
307;  removal  of  president  from 
office,  308;  duties  of  president, 
309,  310;  judicial  power,  310, 
311 ;  treason  and  its  punishment, 
311;  jurisdiction  of  supreme 


484 


INDEX 


court,  311;  fugitive  slave  law, 
312;  rights  of  states,  312;  ad 
mission  of  new  states,  312;  ac 
quisition  of  territory,  313;  con 
stitution  guarantees  protection  to 
every  state,  313;  provision  for 
amendments,  313,  314;  shall  be 
the  law  of  the  land,  314. 
Constitution,  United  States,  95- 
111;  qualifications  of  represen 
tatives,  95;  apportionment  of 
representatives,  95,  96;  qualifi 
cations  of  senators,  97;  duties  of 
the  senate,  97;  powers  and  duties 
of  each  house,  97,  98;  compen 
sation  of  members  of  congress, 
98 ;  passage  of  bills,  99 ;  powers  of 
congress,  99-101 ;  importation  of 
slaves  forbidden  after  1808,  101 ; 
right  of  habeas  corpus,  101;  bill 
of  attainder  and  ex  post  facto  law 
forbidden,  101;  no  taxes  between 
states,  102;  appropriations  of 
money  from  treasury,  102;  no 
title  of  nobility  to  be  granted, 
102;  restrictions  on  power  of 
states,  102, 103;  election  of  presi 
dent  and  vice-president,  103, 
104,  114,  115;  qualifications  for 
president,  104;  removal  of  presi 
dent  from  office,  104;  duties  of 
president,  105,  106;  judicial 
power,  106,  107;  jurisdiction  of 
supreme  court,  107;  treason  and 
its  punishment,  107;  rights  of 
states,  107,  108;  fugitive  slave 
law,  108;  admission  of  new 
states,  108;  rules  respecting  ter 
ritory,  108;  protection  of  United 


States  guaranteed  to  each  state, 
108;  provision  for  amendments, 
109;  shall  be  the  supreme  law 
of  the  land,  109 ;  amendments  to, 
112-117;  Lincoln  quotes  from, 
284;  Lincoln  declares  no  right 
therein  written  denied,  288. 

Consuls  appointed  by  United 
States  and  Great  Britain,  147. 

Contraband  of  war,  citizens  of 
United  States  forbidden  to  carry, 
124;  procedure  with  vessels  sus 
pected  of  carrying,  147;  enumer 
ation  of  articles  comprising,  148. 

Convention,  reciprocal,  between 
United  States  and  Cuba,  383- 
389;  supplementary,  between 
United  States  and  Cuba,  390- 
392;  between  United  States  and 
Panama,  393-408. 

Copyright  secured  to  authors  by 
congress,  100. 

Council  appointed  by  British 
crown,  40,  54. 

Counterfeiting  of  coin  punishable 
by  congress,  100. 

Credit,  full,  to  be  given  to  each 
state,  60,  107,  108. 

Creditors,  debts  to  be  paid  to  both 
British  and  United  States,  81; 
compensation  to  be  made  to 
British,  137. 

Cuba,  recognition  of  independence 
of,  372,  373;  Spain  relinquishes 
claim  to,  375;  reciprocal  com 
mercial  convention  between 
United  States  and,  383-389; 
supplementary,  between  United 
States  and,  390-392. 


485 


INDEX 


Declaration  of  rights,  34-36. 

Declaration  and  resolves  of  first 
continental  congress,  37-42. 

Declaration  of  causes  and  neces 
sity  of  taking  up  arms,  43-51. 

Declaration  of  independence,  52- 
58. 

Debt,  public,  power  of  congress  to 
pay,  99;  as  valid  under  Consti 
tution  as  under  articles  of  con 
federation,  109;  validity  not  to 
be  questioned,  117;  Washing 
ton  urges  payment  of,  169. 

Detroit  river  open  by  treaty  of 
1842,  223. 

District  of  Columbia,  suppres 
sion  of  slave-trade  in,  259,  260, 
272;  fugitive  slave  law  in,  270, 
271. 

Duties,  imposed  on  colonists  by 
Great  Britain,  35,  37,  45,  47,  54; 
repeal  of  stamp  requested,  36;  on 
British  goods,  134,  361-363;  on 
Indian  goods,  134;  between 
Great  Britain  and  United  States, 
146;  on  French  and  Spanish 
goods,  180;  between  United 
States  and  Spain,  382;  between 
United  States  and  Cuba,  383- 
388;  between  United  States  and 
Panama,  401. 

Education,  encouragement  of 
means  of  in  northwest  territory, 
91. 

Election,  writs  of,  vacancies  in 
representation  filled  by,  96;  of 
president  and  vice-president, 
103,  104, 114, 115. 


Electors,  presidential,  qualifica 
tions  of,  95;  appointment  of, 
103;  method  of  voting,  114, 115. 

Emancipation  proclamation,  317- 
319. 

Excises,  power  of  congress  to  lay 
and  collect,  99;  must  be  uniform 
throughout  United  States,  100. 

Ex  post  facto  law,  not  be  passed  by 
congress,  101;  by  any  state,  102. 

Extradition  of  criminals,  between 
states,  60,  108;  agreement  for 
between  United  States  and 
Great  Britain,  155,  224. 

Farewell  address,  Washington's, 
157-176. 

Fisheries,  colonists  prohibited 
from  by  Great  Britain,  47; 
rights  in  granted  to  United 
States  by  Great  Britain,  80, 
354-356. 

Florida,  Spain  cedes  to  United 
States,  196. 

France,  and  United  States  unite 
against  Great  Britain,  72,  73; 
treaty  with  of  1778,  72-76; 
treaty  with  of  1803,  177-182; 
cedes  Louisiana  to  United 
States,  178,  179. 

Fugitive  slaves,  law  for  reclaiming 
in  northwest  territorial  govern 
ment,  94;  clause  in  Constitution, 
108;  provision  for  prompt  de 
livery  of,  259,  260;  act,  264-272; 
law  in  District  of  Columbia, 
270,  271;  law  in  Nebraska,  281; 
Lincoln  quotes  clause  from 
Constitution,  284;  enforcement 


486 


INDEX 


of  law,  285,  290,  291;  clause  in 
Confederate  Constitution,   312. 

Gadsden  treaty,  273-279. 

Gage,  General,  sent  to  subdue 
colonists,  47;  assault  upon  Lex 
ington  and  Concord,  48;  treach 
ery  of  to  inhabitants  of  Boston, 
48;  proclamation  of,  49. 

Gettysburg,  Lincoln's  address  at, 
320. 

Ghent,  treaty  of,  183-194. 

Gila  river  open  by  treaty  of  1848, 
237. 

Great  Britain,  colonists  disclaim 
intention  to  separate  from,  50; 
France  and  United  States  form 
treaty  of  alliance  against,  72; 
acknowledges  independence  of 
United  States,  78;  treaty  with  of 
1783,  77-84;  treaty  with  of  1794, 
131-156;  promises  to  vacate 
posts  and  places  assigned  to 
United  States,  132;  United 
States  agree  to  pay  delayed  debts 
to  subjects  of,  137;  agrees  to  in 
demnify  United  States  citizens 
for  illegal  capture  of  vessels,  140; 
United  States  agrees  to  indem 
nify  subjects  of  for  capture  of 
vessels,  142;  subjects  of  to  retain 
lands  held  in  the  United  States, 
143;  debts  nor  money  of  not  to 
be  confiscated  in  case  of  war, 
143;  consuls  to  be  appointed  by, 
147;  treaty  with  of  1814,  183- 
194;  and  United  States  agree  to 
stop  hostilities  with  Indians,  193 ; 
and  United  States  unite  to 


abolish  traffic  in  slaves,  193; 
treaty  with  of  1842,215-225;  and 
United  States  agree  to  suppress 
slave-trade,  223,  224;  treaty 
with  of  1846,  226-229;  treaty 
with  of  1850,  251-257;  treaty 
with  of  1871,  341-368. 

Guadalupe  Hidalgo,  treaty  of, 
230-250;  abrogation  of  articles 
in,  275-277. 

Guam,  Spain  cedes  to  United 
States,  375. 

Habeas  corpus,  right  of  in  north 
west  territory,  90;  not  to  be  sus 
pended  unless  required  by  pub 
lic  safety,  101. 

Hawaiian  islands,  annexation  of, 
369-371;  public  debt  of,  370, 
371;  government  of,  370,  371; 
treaties  of,  with  foreign  powers, 
370. 

House  of  representatives,  choice  of 
members,  95;  qualification  of 
members,  95  ;  apportionment  of 
representatives,  95,  96,  116;  has 
sole  power  of  impeachment,  96; 
compensation  of  members,  98; 
all  bills  for  raising  revenue  to 
originate  in,  99;  part  of  in  elec 
tion  of  president,  104,  115. 

Hudson's  bay  company,  Columbia 
river  open  to,  227. 

Impeachment,  punishment  of,  97; 
senate  has  sole  power  to  try,  97; 
of  president  and  all  civil  offi 
cers,  106. 


487 


INDEX 


Importation  of  slaves  after  1808 
forbidden  by  Constitution,  101. 

Imposts,  power  of  congress  to  lay, 
99;  to  be  uniform  throughout 
United  States,  100;  net  produce 
to  be  for  United  States  treasury, 
102. 

Impressment  of  American  seamen 
by  Great  Britain,  55. 

Inaugural  address,  Washington's 
first,  118-122;  Washington's 
second,  123;  Lincoln's  first,  283- 
294;  Lincoln's  second,  325-327. 

Independence,  declaration  of,  52- 
58;  Great  Britain  acknowledges 
the  United  States,  78;  of  Spanish- 
American  colonies,  recognition 
of,  212,  213;  of  Cuba,  recogni 
tion  of,  372,  373;  United  States 
guarantees  to  Panama,  394. 

Indians,  typical  early  treaty  with, 
28-33;  instigated  against  colo 
nists  by  Great  Britain,  49,  55; 
good  faith  toward  in  northwest 
territory,  91;  treaty  with  Six 
Nations,  126-130;  United  States 
and  Great  Britain  agree  to  stop 
hostilities  toward,  192,  193; 
control  of  in  territory  ceded  by 
Mexico,  239,  240;  rights  of  in 
Nebraska,  281. 

Insurrection,  proclamation  declar 
ing  at  an  end,  328-334. 

James,  king,  grants  charter  of  Vir 
ginia,  5-17. 

Jay  treaty,  131-156. 

Jefferson,  Thomas,  on  capture  of 
British  vessels,  141. 


Johnson,  Andrew,  proclamation 
declaring  insurrection  at  an  end, 
328-334. 

Judges  made  dependent  on  British 
crown,  37,  54. 

Judicial  power  of  United  States, 
how  vested,  106;  extent  of,  107. 

Jury,  trial  by,  colonists  deprived 
of,  41,  45,  54;  right  to  in  north 
west  territory,  90;  provided  for 
in  Constitution,  107,  113. 

Kansas-Nebraska  act,  280-282. 
Kansas,  provisions  relating  to  ter 
ritory  of,  282. 

Law  of  nations,  violation  of  pun 
ishable  by  congress,  100. 

Legislations,  colonial,  suspended, 
45,  55. 

Letters  of  marque  and  reprisal,  63, 
100. 

Lexington,  assault  on,  48. 

Lincoln,  Abraham,  first  inaugural 
address,  283-294;  denies  inten 
tion  to  interfere  with  existing 
slavery,  283;  quotes  fugitive 
slave  clause  from  Constitution, 
284;  on  enforcement  of  fugitive 
slave  law,  284,  285,  290,  291; 
holds  union  of  states  to  be  per 
petual,  286,  287;  declares  no  law 
written  in  Constitution  denied, 
288;  calls  central  idea  of  seces 
sion  anarchy,  289,  290;  dis 
cusses  decision  of  constitutional 
questions  by  supreme  court,  290; 
shows  difference  between  seces- 


488 


INDEX 


sion  and  divorce,  291 ;  on  amend 
ments  to  Const!  tution,292;  eman 
cipation  proclamation,  317-319; 
Gettysburg  address,  320;  proc 
lamation  of  amnesty,  321-324; 
second  inaugural  address,  325- 
327. 

Louisiana,  treaty  for  cession  of, 
177-182;  ceded  to  France  by 
Spain,  178;  ceded  to  United 
States  by  France,  178. 

Maine,  destruction  of  battleship, 
372. 

Manila,  capture  of,  376. 

Marque,  letters  of,  63,  100. 

Massachusetts  Bay,  act  for  regu 
lating  government  of,  38, 42, 45 ; 
act  for  impartial  administration 
of  justice  in,  38,  42,  45;  parlia 
ment  declares  to  be  in  rebellion, 
47. 

Mayflower  compact,  18. 

Mexico,  treaty  with,  of  1848,  230- 
250;  possession  of  custom  houses 
to  be  restored  to,  232;  military 
property  to  be  restored  to,  233; 
control  of  Indians  in  territory 
ceded  by,  239,  240;  claims  of 
and  against  discharged,  241- 
243;  no  slavery  condition  in  ter 
ritory  derived  from,  258;  treaty 
with  of  1853,  273-279. 

Michigan,  lake,  open  to  Great 
Britain,  360. 

Militia,  provision  for  organization 
of,  101;  power  of  congress  to  call 
out,  101;  president  commander 
of,  105;  necessary  to  security  of 


state,  112;  trial  of  cases  arising 
in,  113. 

Mississippi  river,  open  by  treaty  of 
1783,  83;  by  treaty  of  1794,  133; 
survey  of,  135,  136. 

Missouri  compromise,  206-210; 
enabling  act,  206-209;  resolu 
tion  of  March  2,  209,  210;  repeal 
of  compromise,  281,  282. 

Missouri,  state  of,  enabling  act, 
206-209;  authorized  to  form 
state  constitution,  206;  bounda 
ries  of,  206,  207;  resolution  for 
admission  of,  209,  210. 

Money,  coinage  of  in  power  of  con 
gress,  100;  power  of  congress  to 
borrow,  100. 

Monroe  doctrine,  211-214. 

Monroe,  James,  states  his  foreign 
policy,  211-214. 

Most  favored  nation,  France  to  be 
treated  on  footing  of,  181. 

Napoleon  sells  Louisiana  to  United 
States,  178. 

Nations,  law  of,  offence  against 
punishable  by  congress,  100. 

Naturalization,  laws  for  obstruct 
ing  passed  by  British,  53 ;  rule 
for  established  by  congress,  100. 

Navy,  power  of  congress  to  pro 
vide,  66,  100. 

Nebraska,  provision  for  admission 
of  without  slavery  restrictions, 
280;  Kansas-Nebraska  act,  280- 
282;  boundary  of,  280,  281. 

Negroes,  not  to  be  carried  away  by 
the  British,  83;  importation  of 
forbidden  by  Constitution,  101  j 


489 


INDEX 


emancipated  8  January,  1863, 
317. 

Neutrality,  proclamation  of,  124; 
Washington's  views  on,  174, 175; 
principles  of  in  Monroe  doctrine, 
213,  214;  of  Nicaragua  canal 
guaranteed,  253,  254. 

New  England  colonies,  articles  of 
confederation,  19-27. 

New  Mexico,  excluded  from  Texas 
258,260;  claim  to  relinquished 
by  Texas,  259;  government 
of,  260;  act  for  admission  of, 
262,  263;  boundary  of,  262,  263. 

New  Orleans,  ceded  to  United 
States,  179;  French  and  Spanish 
ships  admitted  to  by  United 
States,  180. 

Nicaragua  canal,  treaty  with  Great 
Britain  for,  251-257. 

Nobility,  no  title  of  to  be  granted, 
102. 

Non-importation,  non  -  consump 
tion,  non-exportation  association, 
42,  46. 

Northwest  territorial  government, 
85-94. 

Oath,  form  taken  by  president,  105; 
members  of  congress  bound 
by  to  support  the  Constitution, 
110;  form  to  be  taken  by  those 
desiring  amnesty,  322. 

Oregon,  boundaries  of,  227,  365- 
368. 

Original  jurisdiction  of  supreme 
court,  107. 


Panama,  proposed  canal  by  way  of 


isthmus  of,  256;  convention  be 
tween  United  States  and  repub 
lic  of,  393-408. 

Patents  secured  to  inventors  by 
congress,  100. 

Petitions  of  colonists  treated  with 
contempt,  38,  46,  55. 

Philippine  islands,  Spain  cedes  to 
United  States,  375;  boundaries 
of,  375. 

Piracies  punishable  by  congress, 
100. 

Pirates,  privileges  of  states  against, 
62;  treatment  of  by  treaty  of 
1794,  150,  151. 

Porto  Rico,  Spain  cedes  to  United 
States,  375. 

Post  offices  and  post  roads  estab 
lished  by  congress,  100. 

President,  all  bills,  orders,  resolu 
tions  to  be  presented  to,  99 ; 
election  of,  103,  104,  114,  115; 
removal  of  from  office,  104; 
powers  and  duties  of,  105,  106; 
compensation  of,  105. 

Proclamation,  of  neutrality,  124, 
125;  emancipation,  317-319;  of 
amnesty,  321-324;  declaring  in 
surrection  at  an  end,  328-334. 

Proviso,  Wilmot,  territorial  gov 
ernment  in  New  Mexico  and 
Utah  without,  260. 

Puget's  sound  company,  property 
confirmed  to,  228. 

Quartering  of  British  soldiers,  42, 

45,  54. 
Quebec,  act  for  government  of,  38, 

42,  45,  54. 


490 


INDEX 


Reciprocal  convention  between 
United  States  and  Cuba,  383- 
389. 

Religion,  Roman  Catholic  estab 
lished  in  Quebec,  42;  no  person 
to  be  molested  on  account  of,  90; 
congress  not  to  make  laws  re 
specting  establishment  of,  112. 

Representatives,  qualifications  of, 
95;  apportionment  of,  95,  96, 
116;  time  of  electing,  97;  com 
pensation  of,  98. 

Representation,  in  legislative  coun 
cils  the  foundation  of  English 
liberty,  39;  method  of,  under 
confederation,  61;  provision  for 
in  northwest  territory,  88,  89; 
vacancies  in  filled  by  writs  of 
election,  96. 

Reprisal,  letters  of,  granted  by 
congress,  100. 

Republican  administration,  fears 
of  South  in  regard  to,  283. 

Restitution  of  estates  to  be  made 
to  British,  81,  82. 

Revenue,  bills  for  to  originate  in 
house  of  representatives,  99; 
taxes  necessary  for,  170. 

Rights,  declaration  of,  34-36;  col 
onists  declare  they  did  not  forfeit 
by  emigration  from  Great  Brit 
ain,  39,  40;  state,  maintenance 
of  essential  to  balance  of  power, 
283,  284. 

Rio  Bravo  del  Norte,  open  by 
treaty  of  1848,  237. 

Roman  Catholic  religion  estab 
lished  in  Quebec,  42. 

Russia,  proposal  to  negotiate  be- 

491 


tween  United  States  and  Great 
Britain,  211;  treaty  with  for 
Alaska,  335-340. 

St.  Croix  river,  survey  of,  137. 

St.  Johns  river  open  by  treaty  of 
1842,  219,  220. 

St.  Lawrence  river  open  by  treaty 
of  1842,  223;  by  treaty  of  Wash 
ington,  359. 

Secession,  Lincoln's  definition  of, 
289;  Lincoln  contrasts  with  di 
vorce,  291. 

Senate,  United  States,  members  of, 
96;  vice-president  the  president 
of,  97;  sole  power  of  to  try  im 
peachments,  97;  relation  of  to 
bills  for  raising  revenue,  99; 
president  of  to  open  certificates 
of  election,  103,  115;  advice  and 
consent  of,  necessary  to  make 
treaties,  105. 

Senators,  qualifications  of,  96,  97; 
division  of,  96;  time  of  election 
of,  97;  compensation  of,  98. 

Six  Nations,  treaty  with,  126-130; 
boundaries  of  territory,  127; 
annual  allowance  to,  129. 

Slavery,  provision  against  in  north 
west  territory,  94;  abolition  of  by 
thirteenth  amendment,  116;  pro 
hibited  north  of  36°  30'  north 
latitude,  209;  admission  of  Cal 
ifornia  without  restriction  as  to, 
258;  exclusion  of  from  territory 
acquired  from  Mexico,  258;  inex 
pedient  to  abolish  in  District  of 
Columbia,  259;  admission  of 
Utah  without  restriction  as  to, 


INDEX 


261;  admission  of  New  Mexico 
without  restriction  as  to,  263; 
admission  of  Nebraska  without 
restriction  as  to,  280;  Lincoln's 
declaration  of  non-interference 
with  existing,  283;  position  of 
under  the  Constitution,  289; 
prohibition  of  by  congress  in  the 
territories,  289;  the  real  dispute 
between  North  and  South,  290. 

Slaves,  importation  of  after  1808 
forbidden,  101;  Great  Britain 
and  United  States  agree  to  abol 
ish  traffic  in,  193,  215,  216;  freed 
by  Lincoln's  proclamation,  317, 
318. 

Slave  trade,  Great  Britain  and 
United  States  agree  to  suppress, 
223;  suppression  of  in  District 
of  Columbia,  259,  260,  272;  no 
power  in  congress  to  prohibit 
between  slave-holding  states, 
259. 

Soldiers,  quartering  of  on  colonists, 
42,  45,  54. 

Spain,  treaty  with,  of  1795,  164; 
cedes  Louisiana  to  France,  178; 
treaty  with  of  1819,  195-205; 
cedes  Florida  to  United  States, 
196;  United  States  renounces 
claim  against,  200-203;  receives 
help  from  allied  powers,  213; 
treaty  with  of  1898,  374-382; 
relinquishes  claim  to  Cuba,  375, 
378;  cedes  Porto  Rico  to  United 
States,  375;  cedes  Guam  to 
United  States,  375;  cedes  Phil 
ippine  islands  to  United  States, 
375,  376. 


Spanish- American  colonies,  recog 
nition  of  independence  of,  212, 
213. 

Speaker  of  house  of  representa 
tives  chosen  by  members, 
96. 

South,  slavery  believed  to  be  right 
by,  290. 

Stamp  duties  tend  to  subvert 
rights  of  colonists,  35;  repeal  of 
asked,  36. 

Standing  armies,  kept  by  Great 
Britain  in  America,  37,  40,  42, 
54. 

State  rights,  maintenance  of  essen 
tial  to  balance  of  power,  283, 
284. 

Supreme  court,  judges  of,  106; 
original  and  appellate  jurisdic 
tion  of,  107;  questions  to  be  de 
cided  by,  290. 

Tariff  laws  between  United  States 
and  Cuba,  384-389. 

Taxes,  illegally  imposed  on  colo 
nists,  34,  35,  37,  54;  for  war  ex 
penses  to  be  levied  by  state  legis 
latures,  63;  in  northwest  terri 
tory,  92;  apportionment  by  Con 
stitution,  95;  power  of  congress 
to  lay,  99;  on  slaves  imported, 
101;  forbidden  between  states, 
102;  Washington  shows  neces 
sity  for,  170;  agreement  con 
cerning  between  United  States 
and  Panama,  399-401. 

Tehuantepec,  isthmus  of,  proposed 
canal  across,  256;  proposed  road 


across,  278. 


492 


INDEX 


Territories,  government  of,  258, 
260,  281. 

Texas,  boundary  of,  258,  260,  262; 
relinquishes  claim  to  New  Mex 
ico,  259,  262;  admission  of  new 
states  formed  from,  260;  act  for 
admission  of,  261 ;  payment  to  by 
United  States,  262. 

Tobacco,  United  States,  no  rebate 
of  duty  on  when  imported  into 
Cuba,  387. 

Trade,  of  colonists  cut  off  by  Great 
Britain,  35,  54;  between  British 
possessions  and  United  States, 
144,  145. 

Treason,  colonists  transported  to 
England  to  be  tried  for,  37,  45, 
54;  defined,  107;  punishment  of, 
107. 

Treaty,  a  typical  early  Indian,  28- 
33;  with  France,  1778,  72-76; 
with  Great  Britain,  1783,  77-84; 
with  the  Six  Nations,  126-130; 
with  Great  Britain,  1794,  131- 
156;  with  France,  1803, 177-182; 
with  Great  Britain,  1814,  183- 
194;  with  Spain,  1819,  195-205; 
with  Great  Britain,  1842,  215- 
225;  with  Great  Britain,  1846, 
226-229;  with  Mexico,  1848, 
230-250;  with  Great  Britain, 
1850,  251-257;  with  Mexico, 
1853,  273-279;  with  Russia, 
1867,  335-340;  with  Great 
Britain,  1871,  341-368;  between 
the  Hawaiian  islands  and  foreign 
nations,  370;  with  Spain,  1898, 
374-382;  between  United  States 
and  Cuba,  383-389,  390-392; 


between     United     States     and 
Panama,  393-408. 

Uncas,  defended  by  colonies,  28; 
Narragansetts  and  Nyanticks 
make  peace  with,  30. 

Union,  federal,  Washington  urges 
continuance  of,  160-164;  older 
than  Constitution,  286;  declared 
by  Lincoln  to  be  perpetual,  286, 
287;  disruption  of  physically 
impossible,  291. 

United  States  Constitution,  95- 
111;  qualifications  of  represen 
tatives,  95;  apportionment  of 
representatives,  95,  96;  qualifi 
cations  of  senators,  97;  duties  of 
the  senate,  97;  powers  and  duties 
of  each  house,  97,  98;  compensa 
tion  of  members  of  congress,  98; 
passage  of  bills,  99;  power  of 
congress,  99-101;  importation  of 
slaves  forbidden  after  1808,  101; 
right  of  habeas  corpus,  101;  bill 
of  attainder  and  ex  post  facto  law 
forbidden,  101;  no  taxes  be 
tween  states,  102;  appropria 
tions  of  money  from  treasury, 
102;  no  title  of  nobility  to  be 
granted,  102;  restrictions  on 
power  of  states,  102,  103;  elec 
tion  of  president  and  vice- 
president,  103,  104,  114,  115; 
qualifications  for  president,  104; 
removal  of  president  from  office, 
104;  duties  of  president,  105, 
106;  judicial  power,  106,  107; 
jurisdiction  of  supreme  court, 
107;  treason  and  its  punishment, 


493 


INDEX 


107;  rights  of  states,  107,  108; 
fugitive  slave  law,  108;  admis 
sion  of  new  states,  108;  rules  re 
specting  territory,  108;  protec 
tion  of  United  States  guaranteed 
to  each  state,  108;  provision  for 
amendments,  109;  shall  be  the 
supreme  law  of  the  land,  109; 
amendments  to,  112-117;  Lin 
coln  quotes  from,  284;  Lincoln 
declares  no  right  written  there 
in  denied,  288. 

Utah,  government  of,  260;  act  for 
admission  of,  261;  boundary  of, 
261. 

Vice-president,  president  of  senate, 
97;  election  of,  103, 104, 114,115; 
succession  to  presidency,  104; 
removal  of  from  office,  104;  im 
peachment  of,  106. 

Virginia,  first  charter  of,  5-17. 

Vote,  right  to  not  to  be  abridged 
by  race  or  color,  117. 

War,  power  of  congress  to  declare, 
63,  100;  states  forbidden  to  en 
gage  in,  62,  103. 

Warrants  to  be  supported  by  oath 
or  affirmation,  113. 

Washington,  George,  first  inaugu 
ral  address,  118-122;  traces 
hand  of  Providence  in  history  of 
country,  119:  pays  tribute  to 


congress,  120;  declines  salary  for 
services,  121,  122;  second  in 
augural  address,  123;  proclama 
tion  of  neutrality,  124;  farewell 
address,  157-176;  declines  re- 
nomination,  157;  expresses  grati 
tude  to  country,  158,  159;  urges 
continuance  of  union  of  states, 
160-164;  warns  against  factions, 
165;  shows  need  of  strong  gov 
ernment,  166;  warns  against 
party  spirit,  166,  167;  advises 
departments  to  keep  within 
their  constitutional  spheres,  168; 
shows  religion  and  morality  to 
be  necessary  to  government,  168, 
169;  need  of  institutions  of 
learning,  169;  urges  payment  of 
national  debt,  169;  refers  to 
necessity  for  taxes,  170;  attitude 
of  toward  other  nations,  170- 
176. 

Washington,  treaty  of,  341-368. 

Webster-Ashburton  treaty,  215-  • 
225. 

Wilmot  proviso,  territorial  govern 
ment  in  New  Mexico  and  Utah 
without,  260. 

Witnesses,  criminals  to  have  com 
pulsory  process  for  obtaining, 
113. 

Writs  of  election,  vacancies  in 
representation  to  be  filled  by, 
96. 


49* 


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Confessions  of  Rousseau 
Some  Fruits  of  Solitude 

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Physical  Geography  of  the  Sea 

Lieut.  Maury 

A  Cyclopedia  of  Literary  Allu 
sions 
Discourses  on  Painting 

Sir  Joshua  Reynolds 
A  Dictionary  of  Classical  Quota 
tions 

A  Handbook  of  Proverbs 
Percy's  Reliques  of  Ancient  Eng 
lish  Poetry 

Dante's  Divine  Comedy 
The  Essays  of  Sainte-Beuve 
Hakluyt's  Principal  Navigations 
Don  Quixote  Cervantes 

The  Plays  of  Shakespeare 
Fairy  Tales 

The  Brothers  Grimm 
Notre  Dame  Victor  Hugo 

Paul  and  Virginia  Saint-Pierre 
Monks  of  Thelema 

Besant  and  Rice 
The  Bible  in  Spain 

George  Borrow 
Legends  of  the  Madonna 

Mrs.  Jameson 

Essays  of  Elia  Charles  Lamb 
On  Compromise  John  Morley 
St.  Winifred's  F.  W.  Farrar 

Fable  of  the  Bees 

Bernard  de  Mandeville 
The  Apocrypha 

Apologia  Pro  Vita  Sua  Newman 
Froissart's  Chronicles 


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